Jenkins

Appellants Gerald Reynard Jenkins and James Mayer appeal from judgments entered following jury verdicts, finding Mayer guilty of a violation of Penal Code section 211a (robbery in the second degree) and Jenkins guilty of a violation of Penal Code section 496 (receiving stolen property).

On the evening of January 31,1971, a truck loaded with about $200,000 worth of men’s suits was, with use of force, stolen from a service yard in Los Angeles. On or about the night of February 3, 1971, Jenkins was arrested and at his request driven to his home on Alberton Avenue in Compton. Upon arrival, a 1965 white pickup truck admittedly belonging to Jenkins was exiting without headlights from the driveway of the Alberton residence. It was driven by codefendant Mayer. One Givens (discussed infra) was standing alongside the truck. The truck contained approximately 250 men’s suits including many of those stolen. Jenkins admitted the truck was his but stated to the officer: “You didn’t catch me driving it, did you?” When the officer said no, Jenkins added “Then I have nothing to worry about.”

Givens’ Statements:

At trial, a codefendant, Paul Givens, was allowed over objections of both…