that he did not know the defendant and had not given him permission to drive his automobile.
Defendant took the stand and claimed that he had not driven the car at all. He said that he and his girl friend were riding with a friend named Leon, that Leon had driven the car to that point, where he stopped and went into a nearby house, and that defendant and his girl friend were awaiting Leon's return when the officer came up.
The first point raised is that a submissible case was not made. This involves, according to the defendant, the question of "whether the State must prove that the person who is in actual custody of the automobile in question did not authorize its use." It is defendant's position thatturned his car over to his nephew, Roland, to use and operate. While Watson was out of town, Roland drove the car to a point where he parked and locked it, and when he returned he found the car was gone. The next day defendant was apprehended driving the car, and he was prosecuted for driving it without the owner's permission. The nephew testified that he had not given permission to the defendant and had not loaned the car to anyone. He also testified that his uncle was not in St. Louis at that time and that he, the nephew, had sole use and possession of the car. In affirming the conviction, this court held that the evidence of the nephew was sufficient to authorize the inference that