Marion

Appellant was convicted of three counts of theft of trucking vehicles. This appeal relates only to the search which, police officers testified, led to the discovery of some of the stolen items, A search warrant was obtained by officers who, by looking through a hole in the door of a warehouse that was rented by appellant, saw a certain forklift. One of the officers, in his affidavit for search warrant, stated that the forklift which he had seen had been identified to him by one of its owners. In the same affidavit he stated that in the warehouse there was a White truck transmission, serial No. 1-8051, which had been stolen from its owner in San Francisco, and that he had personally seen the property in the warehouse. (Appellant was convicted of theft of the forklift in another prosecution, and raised substantially the same point on appeal. Judgment was affirmed. (People v. Marion, 197 Cal.App.2d 835 [ 18 Cal.Rptr. 219 ].)) Actually, the equipment which the officer described as the transmission was a dolly.

Appellant testified that he had seen evidence that the door of the warehouse had been forced open before the search warrant was issued, and that the box in which the…