Speaks

Robert Speaks was convicted by jury of receiving stolen property (Pen. Code, § 496, subd. 1) and was granted probation. He appeals, meritoriously contending the court prejudicially erred in refusing to give a proffered jury instruction. We need not examine his contention the court put undue pressure on the deadlocked jury to arrive at a verdict.

Speaks had been employed at the San Diego Concourse for about 15 years, performing various duties in connection with shows and concerts taking place there. He and three fellow employees had access to a safe in the Concourse lobby. On November 3, 1979, all four were on duty during a concert. After the concert ended, one of the four found the safe open with close to $2,000 missing from it. The safe showed no signs of forced entry.

The following New Year’s Eve, Speaks was at a party with his coworkers when he became ill and was taken to a hospital. The partygoers searched his car in an effort to find any medicine he might have been taking before becoming ill. In the trunk of the car they found a plastic bag containing tennis shoes, sweat pants and some of the money taken from the safe earlier. They left the bag in the trunk and…