Turner

Michael Jerome Turner appeals from a judgment entered upon a court finding that he was guilty of violating Penal Code section 496 (receiving stolen property). The evidence was substantially uncontroverted.

Around 6 p.m. on November 21, 1966, two men, one brandishing a gun, entered an enclosed motor van of the A & B Garment Delivery of Oakland. The vehicle contained tuxedos, suits, jackets and dresses which earlier that day had been picked up at Roos-Atkins, Foreman & Clark, Grodin’s and other stores. Under direction of the two men the driver drove to 73d Avenue where he was instructed to stop. There his hands were tied, he was blindfolded and he was left on the front seat of the van. He heard noises which sounded like the unloading of the truck, and then there was silence. The driver kicked open the door and a passerby removed the blindfold and untied his hands. The police were called and the crime was reported.

Going on duty the next evening two highway patrol officers, in their briefing, were told about the robbery of the motor van and the kidnaping of its driver. They were informed that a dark blue panel truck was believed to have been used by the culprits. Around 2…