People v. Warford

FOX, P. J. In count I of an information appellant and Donald Levi Warford were charged with the crime of burglary (Pen. Code, § 459) in that on or about February 21, 1960, they willfully entered the store occupied by Lloyd E. Elliott with intent to commit theft. In count II they were charged with receiving stolen property (Pen. Code, § 496) in that on or about February 24, 1960, appellant and said Warford unlawfully received certain designated personal property knowing that the said property had been stolen. Both defendants denied each of the charges. After a trial by the court without a jury both defendants were found not guilty of burglary and both were found guilty of receiving stolen property. Appellant Fagan was sentenced to the state prison for the term prescribed by law. He has appealed from the judgment.

On the night of February 21, 1960, the Coast Television Engineers’ TV shop, located at 5212 Laurel Canyon, Los Angeles County, was burglarized. Two TV sets, one oscilloscope, one RCA voltmeter, and two tube caddies were taken from the shop. One TV set was a new Paekard-Bell portable with a 17-inch screen; the other was an RCA portable, blue and white in color, with a remote control unit. One of the TV sets was valued at $185 and the other at $225.

Some time around the 22d of February the appellant Fagan telephoned James Ellard, who owned a radio and TV shop in Hollywood and whom appellant had known for some time, and inquired whether he knew of anyone who wanted to buy a TV set. Ellard replied in the negative. The next day appellant again called Ellard and further inquired whether he had located anyone interested in buying a TV set. By this time [348]Ellard had been in touch with one Alvin Onstad who had informed Ellard that he wanted to buy a TV set to replace one that had been stolen from him, and requested Ellard to give appellant his (Onstad’s) telephone number when he called back. Either appellant or Warford contacted Onstad at his home on February 25th. Later that day appellant and defendant Warford arrived at the Onstad home, 10927 Barman Avenue, Culver City, and brought two TV sets, one a Packard-Bell 17-inch screen, and the other an RCA 17-ineh screen with remote control. Onstad asked the prices of the two sets. They quoted him a price of $100 or $50 each. Onstad thereupon paid them $100 in cash.

On February 25th Officer Gerald Cohen of the Los Angeles Police Department, Burglary Detail, received information that appellant and defendant Warford had committed a burglary in the North Hollywood area and were in possession of stolen property taken in the burglary. This information was to the effect that the appellant and defendant Warford on the previous night had taken two tube caddies to 706 North El Centro Street and placed them in a closet there. Officer Cohen thereupon went to this address and upon entering the premises he was directed to a closet by an occupant of the apartment where he found two tube caddies, one of which was received in evidence. It was identified by the proprietor of the Coast Television Shop as one of the two missing after the burglary. The tube caddy was identified by its contents, specifically a Tung Sol flashlight, which was positively identified by Mr. Elliott, the owner of the burglarized shop.