People v. Fiore

VALLEE, J.

— A jury convicted defendant of having knowingly received stolen property consisting of an electric, portable straight-blade Milwaukee “Sawzall” in a gray metal carrying case and two electric, portable belt sanders. He appeals from the judgment and an order denying his motion for a new trial.

In the latter part of 1957 or in January 1958, the San Gabriel Valley Electric Company received a Milwaukee “Sawzall” with a metal carrying case, a Porter-Cable sander, and a Skil-Belt sander. About August 16, 1958, the company had each of these items on display counters. The metal carrying case was with the ‘ Sawzall. ’ ’ The cartons in which the items were received were retained in the rear of the store. The value of the “Sawzall” was $100; of the Porter-Cable sander, $72; of the Skil-Belt sander, $72.

About 10:30 a.m. on August 16,1958 Mr. Knutson, manager of the San Gabriel Valley Lumber Company, saw a black Ford pickup truck loading lumber out of the company’s plywood. He watched it leave and followed it. About 11 a.m. Officer Ruiz saw defendant driving east on Mission Street in San Gabriel in a black Ford pickup truck with a juvenile sitting on some lumber in the rear. Ruiz stopped defendant and talked to him. He went into the truck to check the registration. He saw two “booster boxes,” commonly used to facilitate shoplifting, and the “Sawzall” in the metal box on the passenger side of the seat in the cab. A “booster box” normally is one that would work very easily and the equipment or items that are going to be put into it would go in very quickly and rapidly. Officer Allen came on the scene, took the 1 ‘ Sawzall” and the boxes to the detective bureau and turned them

[538]

over to investigating officers. Ruiz took defendant to the police department. Officer Hatch, one of the investigating officers, opened one of the “booster boxes.” In it he found the Porter-Cable sander and the Skil-Belt sander. The sanders were loose in the box. None of the items had ever been used.

Mr. Hanaway, an inside salesman, worked in the electric company store during all hours it was open. He last saw the “Sawzall” on August 14, 1958, and the two sanders about a week before August 16. About 1 p.m. on August 19, 1958, Mr. Hanaway received a call from the San Gabriel Police Department. He then made a check to see if the items were in the store. They could not be found. Later he made a search for the cartons in which the items had been received, and found them. The serial number on one of the cartons matched the serial number of the “Sawzall”; another, the serial number on the Porter-Cable sander; another, the serial number on the Skil-Belt sander. A cheek of all sales for the previous three months was made, and no record of a sale of any of the items was found. Defendant had not purchased any one of the items. A reasonable inference from the evidence is that no one had been given permission to take or receive any one of them from the electric company.