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People v. Cook

California District Court of Appeal, Second District, Division 4
39 Cal.Rptr. 802 (1964)


Facts

After Frank Billy Ray Cook (defendant) took a Mercury vehicle from the Frahm Pontiac dealership under questionable circumstances related to its purchase, he was charged with grand theft auto and violating section 10851 of the Vehicle Code. Section 10851 provides that “[a]ny person who drives or takes a vehicle not his own, without the consent of the owner...and with intent either permanently or temporarily to deprive the owner thereof of this title to or possession of the vehicle...is guilty of a felony.” Cook was acquitted by a jury on the grand theft auto count but convicted of violating section 10851. After Cook’s motion for a new trial was denied and he was sentenced to a term of imprisonment, he appealed.

Rule of Law

Issue

Holding and Reasoning (Burke, J.)

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