In Re Richard T.
People v. Richard T.
Opinion
Opinion
Lillie, J.
—Petition charging the minor with receiving stolen property (Luger pistol) in violation of section 496, Penal Code, was sustained. He appeals from order of commitment, and raises two issues (1) insufficiency of the evidence to support findings that he had possession of the gun and that he knew the same to be stolen and (2) admissibility of statements made to his parole officer in the absence of a Miranda warning.
On May 6 the Espalin residence on Caminar Street near Kranz Junior High School was broken into and guns, among them a .22 caliber Luger pistol, were stolen.
On May 12 the minor was actively on parole from the Youth Authority; a condition of his parole was that he possess or own no firearms, weapons or explosive devices. Mr. Collingsworth, the minor’s parole agent, received information that there was a gun in the minor’s house hidden under a couch cushion and that he had been involved with a gun along with several friends; thus on May 12 he went to the minor’s home where he found a gun on top of the living room couch. Collingsworth had no information concerning the minor’s involvement in any crime but felt that most likely he had committed a parole violation; to…