People v. Taylor

KINGSLEY, J.

Defendant was charged with receiving stolen property and with possession of marijuana. Trial by jury was duly waived and the case was submitted on the transcript of the testimony at the preliminary examination, together with additional testimony. Defendant was found guilty on both counts; probation was denied; defendant was sentenced to state prison on both counts, the sentences to run concurrently.

1

He has appealed. We affirm the convictions.

The evidence for the People was as follows:

At about 10:30 a.m., on September 8, 1966, a jewelry store was robbed by a person subsequently identified as Virgil Adamson. At about 3 p.m., that same day, Officer Ferry saw Adamson, whom he knew, enter a stairway leading to an apartment building at 5430 Blackwelder Street, in the city of Los Angeles. Ferry knew that defendant (whom he also knew) lived in that apartment and he knew that defendant and Adamson were friends. Since Ferry was, at that time, unaware of the robbery, he did not regard the episode as significant. At about 5 p.m., Ferry was shown a police teletype reporting the jewelry store robbery and containing a description of the robber. The description fitted Adamson. Ferry met the clerk in charge of the store at the time of the robbery, showed him eleven “mug shots,” including one of Adamson, and the clerk identified Adamson as the robber.

2

Ferry then returned to the vicinity of defendant’s apartment. A 1965 Cadillac automobile, blue over blue, was parked in the carport facing the street. Ferry knew that defendant owned such an automobile and also knew that Adamson drove an identical Cadillac. Ferry drove past, picked up another officer and returned to the apartment. At that time, no car was in the carport but a blue over blue Cadillac was parked at

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the foot of the stairway. The officers drove around the block again. When they next approached the apartment, the blue over blue Cadillac was still parked at the foot of the stairway and another Cadillac, dark wine with a white top, was parked in the driveway behind the first car.