Barnes

The appellants James Ray Self, John L. Barnes and Billie Dean Ford were charged with violating section 496 of the Penal Code in that they did wilfully, unlawfully and feloniously buy, receive and conceal certain personal property. They were found guilty by a jury, their motion for a new trial was denied and judgment was entered. They have appealed from the judgment entered.

The evidence discloses that a quantity of tools, plumbing supplies and other personal property were taken from buildings located at a home construction site in Fremont, California. Among the articles taken were Skil saws, a Porter Cable saw, electrical wire and cord, stepladders, cooking range hoods, garbage disposals, interior hardware, toilet bowls and tanks, toilet seats, bathtubs, Herco rings, faucets and 1,500 pounds of lead.

Five days after the burglary Self, accompanied by Ford, drove to a wholesale plumbing and electrical supply store operated by one Armolio. Self told Armolio he had various types of plumbing supplies for sale. He offered to sell 12 General Electric garbage disposals for $18 each, which was $16 under the wholesale price, and the other items 15 per cent below wholesale cost.

Barnes…