McKunes

Defendant was charged with grand theft, in violation of subdivision 1 of section 487 of the Penal Code. After a trial by the court, trial by jury having been waived, he was found guilty as charged. Proceedings were suspended and he was granted probation on conditions hereinafter discussed. He has appealed; we reverse.

Sometime prior to July 1973, various instruments and aircraft parts were stolen from the salvage sales department of McDonnell-Douglas Corporation. Eventually they were discovered in the possession of a company in Illinois. Investigation traced the items back to a sale by a man named-Kushner. Kushner testified that he had purchased the items herein involved from defendant, at the latter’s home. At the time of the alleged sale by defendant to Kushner, defendant was employed by McDonnell-Douglas in the salvage department.

During the course of investigation of the theft, an investigator for the District Attorney of Los Angeles County secured, without subpoena or other court order, telephone company records of calls between Kushner’s phone and the phone at defendant’s home and office.

Originally, Kushner had told investigators that he had found the.items in a…