Dunaway

Defendant was found guilty by a jury of violating section 496 of the Penal Code, in that on May 25, 1962, he bought and received two outboard motors which he knew had been stolen. He appeals from the judgment of conviction.

The motors were stolen by Richard Bailey and Kenneth Bailey, his 16-year-old brother. They transported them to appellant’s place of business, which he operated under the name of Diablo Boat Works. Appellant bought the motors from them for $50 and paid this amount by check to Richard Bailey.

Sufficiency of evidence to establish, knowledge of appellant that motors were stolen.

The previous dealings between the Bailey boys and appellant commenced on May 11, 1962. Appellant had a 1952 Nash automobile for sale. The boys had an outboard motor which they had stolen. Appellant took the motor as a down-payment on the automobile.

On May 17, 1962, appellant bought another stolen outboard motor from the boys. He deducted the balance due on the Nash and gave Richard his check for $75.

The third transaction (May 25, 1962) is the basis of the charge herein. Thus, in a two-week period, appellant had bought and received four stolen outboard motors from two young men who…