Lupo

By an information petitioner Lupo was accused of the crime of attempt to receive stolen property. His motion to set aside the information on the ground that he was committed without reasonable or probable cause (Pen. Code, § 995) having been denied, petitioner seeks a writ of prohibition pursuant to the provisions of Penal Code section 999a.

The transcript of the preliminary hearing shows that a deputy sheriff, acting in an undercover capacity and accompanied by an informer, sold petitioner items of personal property which had been stolen but had been recovered. There was evidence to sustain the inference that petitioner believed that he was buying stolen property and, accordingly, that he had the requisite specific intent to commit the crime of receiving stolen property. No relationship between the thief or thieves and petitioner was shown.

On behalf of petitioner it is stated that the question to be resolved is whether the crime of attempting to receive stolen property is committed “where the property involved has been recovered by the police, not from a thief who is engaged in a criminal enterprise with a receiver of goods such that the proceeds of the thief’s labors…