JEFFERSON, J.
Defendant was charged in count 1 of an information, with grand theft auto in violation of section 487, subdivision 3 of the Penal Code. In count 2 of the same information he was charged with taking an automobile without the owner's consent in violation of section 10851 of the Vehicle Code. A jury was waived and the cause was submitted to the court on the testimony contained in the transcript of the preliminary examination with no additional evidence...
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