People v. Antone

FOX, J.

Defendant was convicted of receiving stolen property. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The property involved in this case consists of a sound amplifier, an adding machine and a typewriter, which had been stolen by one Eastin, a high school student 18 years of age. On the night the amplifier was stolen, Eastin met defendant Antone in the home of one Trillo. In a conversation among them, Eastin stated where he obtained the amplifier, and attempted without success to sell it to Antone. At a later date, Eastin and Antone had a telephone conversation in which the latter inquired whether Eastin could get a typewriter. Eastin told him that he would see whether he could get one. At a subsequent date Eastin and defendant had a further conversation relative to the sale of the sound amplifier, in which Eastin told defendant the amount he wanted for it. That evening Eastin went to the defendant’s home; he had with him the amplifier, the adding machine and the typewriter, the latter being new. The articles, respectively, were worth $50, $225, and $150. Defendant had never inquired whether Eastin had an adding machine. Defendant paid Eastin $50 for the three items.

James E. Barrick, a member of the Los Angeles Police Department, went to defendant’s home because of information that he would find articles that had been taken in burglaries. Upon being admitted, he observed various items of personal property, including radios and an adding machine. The officer asked whether everything in the house was defendant’s property, and the latter replied in the affirmative. The officer then observed a typewriter in another portion of the room; he inquired whether the machine belonged to the defendant and the latter replied in the negative. The officer than asked about the adding machine, and defendant stated, “That isn’t mine, either. Some kid left them here for me to keep. ’ ’ The officer then inquired who the “kid” was, and defendant replied that he did not know. The officer then went to defendant’s garage; there defendant remarked, “Oh, there’s

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an amplifier that belongs to Trillo, too.” Defendant then reached behind some boxes and removed the amplifier. The officer inquired of defendant whether it was not a fact that the amplifier, adding machine and typewriter had been left with him by Irving Eastin. Defendant replied, “Yes, I think his name is Irv.” The officer then asked defendant whether he knew the property was “hot”; the latter replied in the affirmative.