People v. Cook
California District Court of Appeal, Second District, Division 4
39 Cal.Rptr. 802 (1964)
- Written by Craig Conway, LLM
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.)
What to do next…
Here's why 790,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
