PEOPLE v. STUART

Docket No. 4959.

272 Cal.App.2d 653 (1969)

77 Cal. Rptr. 531

THE PEOPLE, Plaintiff and Respondent, v. WILBUR H. STUART et al., Defendants and Appellants.

Court of Appeals of California, Third District.

May 8, 1969.


Attorney(s) appearing for the Case

Jerry Guthrie, under appointment by the Court of Appeal, for Defendants and Appellants.

Thomas C. Lynch, Attorney General, Edward A. Hinz, Jr., and Jack R. Winkler, Deputy Attorneys General, for Plaintiff and Respondent.


PIERCE, P.J.

Defendants Stuart and Baldwin were charged in two counts: (1) violation of Penal Code section 459 (burglary) and (2) violation of Penal Code section 496 (receiving stolen property). (Another count for assualt had been dismissed before trial.) After a court trial they were found not guilty of burglary, guilty of receiving stolen property. They appeal.

There was substantial proof that four radios...

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