People v. Cook
California District Court of Appeal, Second District, Division 4
39 Cal.Rptr. 802 (1964)
Cook (defendant) took possession of a Mercury from a dealership under circumstances the prosecution characterized as fraudulent, and was acquitted of grand theft auto but convicted of violating Vehicle Code § 10851, which criminalizes taking a vehicle without the owner's consent; Cook argued the dealership had actually consented to his taking the vehicle, even if by trick, meaning the statute's non-consent element could not be satisfied, and he appealed after his motion for a new trial was denied.
Whether, in California, a defendant violates § 10851 of the state's Vehicle Code if he obtains an owner's consent to take a vehicle through misrepresentation, trick, or deceit.