E. Roberts parked his 1963 Chevrolet sedan in an alley adjacent to the building where he was employed. During the morning, Roberts' boss, Gary Menkin, asked to borrow the car to run an errand. Roberts gave him the car keys for that purpose, as he occasionally had done on previous occasions. At about 3:30 p.m. Roberts checked on his car and it was there. At 6:00 p.m. Roberts went to where the car was parked for the purpose of bringing a TV set into *626 the shop where it was to be left overnight and discovered that his automobile was missing. Mr. Menkin had not yet returned the car keys to him, but when Roberts checked, Menkin had the car keys in his pocket.
Four days later police officerOberdieck, at 3:30 a.m., observed a Chevrolet sedan without any state license plate crossing the street in front of him. The car pulled up to the curb a short distance down the street and the police officer then drove up and stopped behind that car. On inquiry, the officer found that defendant, who was in the driver's seat and whom the officer had seen operating the car, had no driver's license. The officer then arrested defendant for failure to have a driver's license and for not having a state license plate. Thereafter, the officer checked the serial number of the car and found that it was the Chevrolet belonging to Roberts. Defendant then was prosecuted for operating that vehicle without the owner's permission. Roberts testified at the trial