Candiotto

People v. Candiotto

Good Law
183 Cal. App. 2d 348·1960 Cal. App. LEXIS 1757·6 Cal. Rptr. 876
Court of Appeal of CaliforniaJuly 29, 1960Crim. 7031California688 words

Opinion

Opinion

Lillie, J.

Defendant was convicted by a jury of three counts of receiving stolen goods in violation of section 496, Penal Code; he admitted a prior felony conviction charged in the information. An application for probation was denied and defendant was sentenced to state’s prison for the prescribed term. He appeals from the judgment.

The uncontradicted evidence shows that the property in question, consisting of furs, silverware and miscellaneous household articles, was taken by one Hemensley from the homes of the respective owners named in each count during a series of burglaries. Hemensley testified for the prosecution; the sole contention on appeal is that the judgment of conviction was obtained “on the testimony of a man who obviously perjured himself,” referring to Hemensley. In this connection and prior to the filing of his opening brief, appellant made application to this court for leave to produce additional evidence (rule 23b, Rules on Appeal) assertedly contradictory of Hemensley’s testimony upon the trial that the prosecution had given him no consideration for his appearance as a witness and that prior to the burglaries just mentioned he had “led a reasonably honest life”; since a…

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