Farrant

This is an appeal from a judgment of conviction of grand theft of an automobile.

In an information filed in Los Angeles on August 22, 1967, defendant was charged with taking the automobile of Irving Shapiro on or about May 29, 1967, or May 30, 1967; in count II he was charged with receiving stolen property (the automobile mentioned) on or about June 3, 1967. Defendant pleaded not guilty and upon stipulation of all counsel and defendant the cause was submitted on the testimony contained-in the transcript of the proceedings had at the preliminary hearing and the exhibits received in evidence at the preliminary hearing. Defendant was found guilty as charged in count I (grand theft) and not guilty as charged in count II. Probation was denied and defendant was sentenced to the state prison. A timely notice of appeal was filed.

*717 A résumé of some of the facts is as follows: on Monday, May 29, 1967, Irving Shapiro drove his blue 1962 Jaguar automobile, license number LZP074, identification number J62P221152DN to his place of business at 7033 Sunset Boulevard in Los Angeles and parked the car at about 10 a.m. in his garage. Shapiro left his place of business at about 7 p.m. that…