Vallee

Statement of the Case

By information defendant and codefendant Shipman were charged in count I with burglary and in count II with receiving stolen property. A motion under Penal Code section 995 was argued and granted as to count I and denied as to count II. The information was amended to charge defendant with two prior felony convictions in Texas. Defendant was arraigned and denied both priors. A motion under Penal Code section 1538.5 was argued and denied. A motion to dismiss under Penal Code section 1382 was denied. Trial by jury was waived, and by stipulation the case was submitted on the transcript of the proceedings at the preliminary examination. Defendant was found guilty of receiving stolen property (count II); no disposition was made of the priors; defendant’s motion for a new trial was denied, probation was denied, and defendant was sentenced to state prison. Defendant appeals from the judgment.

Statement of Facts

Mrs. Higgins, an employee of Dr. Emery, who operates a private cancer clinic at 615 South Westlake, identified two photographs as those of a photocopy machine which was taken from the clinic and returned by the police.

Rudolf Williams, a Yellow…