What is the test for obtaining possession of an automobile without the consent of the owner?

California, United States of America


The following excerpt is from People v. Cook, 228 Cal.App.2d 716, 39 Cal.Rptr. 802 (Cal. App. 1964):

People v. Perez, 203 Cal.App.2d 397, 21 Cal.Rptr. 422, has been cited as supporting defendant's conviction of a violation of Vehicle Code, 10851. In that case, the defendant attained possession of an automobile under the false representation that he had a buyer for it. He was given permission by the owner to keep the car for three days to make the sale to his buyer. Defendant never returned the car. The court stated (p. 399, 21 Cal.Rptr. p. 424): 'Even though his original possession had been lawful, he had no authority to keep [the automobile] more than three days and they only for the purpose of consummating a sale to [his purported buyer.] * * * Actually, his original possession, his keeping the car beyond three days, his driving the car to Arizona * * * were all unlawful and, * * * if believed, could not be construed in any other way than intentionally taking and depriving the owner of possession, to say the least. Intent to deprive the owner may be established from the circumstances of the case, [citation] and is a question for the trier of fact. [Citations.] Each time defendant drove the car without the consent of the owner it was a violation of the statute. [Citation.]'

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