People v. Siegfried

FOURT, J.

This is an appeal from a judgment of conviction of receiving stolen property. (Pen. Code, § 496.)

In an information filed in Los Angeles County on July 9, 1965, defendant was charged with receiving certain stolen clothing on or about June 16, 1965. Defendant pleaded not guilty and after numerous continuances (the most of which were at the request of defendant) the cause came on for trial on May 3, 1966. It was then stipulated that the cause be submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing. On May 13, 1966, defendant was found guilty as charged. Defendant was sentenced on July 21, 1966, to the state prison. A timely notice of appeal was filed.

A résumé of some of the facts is as follows:

On June 7,1965, at about 10:00 p.m., Hal Stearns, the owner of Hal’s Clothing Store on Van Nuys Boulevard, was in the store with the store manager and two customers. Two robbers came into the store with guns in their hands and ordered the occupants to lie down in the back room, took the money and jewelry of the occupants, took the money from the cash register and took between 500 and 550 men’s suits.

Alex Katzman bought a suit and sport coat from defendant at a residence in Gardena on June 15, 1965. Katzman paid $55 for the suit and $35 for the sport coat. The next day Katzman returned to defendant’s residence and bought another sport coat from defendant and paid for the same by check.

On the latter date at about 8 p.m., Officer Ide, of the Los Angeles Police Department, assigned to Van Nuys Detectives, received a telephone call from the desk sergeant at the station. Sergeant Close told Officer Ide that Officer Lawrence, of the Gardena Police Department, had called and had in

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formation from an informant that someone was selling suits taken in a Van Nuys robbery in Gardena. The information indicated that the merchandise was to be moved from the apartment within the hour.

Mrs. Breetwor arrived at the defendant’s address after 9 p.m. Defendant arrived there about five minutes later. She was shown a sport coat, size 42 regular, by defendant. She paid defendant $55 for the coat. At that time there were about 50 other suits in the apartment.