Feldman

Appellant was convicted of (1) violation of Penal Code, section 182, for conspiracy to commit grand theft (Pen. Code, §§ 484, 487) and to receive stolen property (Pen. Code, § 496) under Count I of the indictment, (2) violation of Penal Code, section 496, under Count II and (3) violation of Penal Code, section 496, under Count III. He was sentenced for the term prescribed by law (one to ten years) on all three counts, the sentences to be served concurrently.

We shall first recite the facts of the case and then consider separately the convictions under each of the three counts. Lastly we analyze appellant’s arguments that one of the instructions given was prejudicial and that section 496 of the Penal Code is at least in part unconstitutional.

The persons involved in this case were engaged in the auto wrecking business. As the owner of Ben’s Auto Wreckers, appellant bought, sold and dismantled used cars. Robert MeClerkin, Homer MeClerkin and Homer Drummond carried on a similar business although they had no license to do so. The McClerkins made use of Gordon Morgan as a “sort of salesman, ’ ’ who apparently, on a commission basis, sold stolen automobile parts procured by the…