Meyers

This is an appeal from a judgment of conviction on a charge of attempting to receive stolen property. (Pen. Code, § 664.)

The Record

The facts are undisputed. The appellant approached an employee of the Pacific Telephone and Telegraph Company (hereinafter referred to as Telephone Company), and sought to purchase from him certain confidential listings of new telephone subscribers for the San Francisco and Los Angeles areas. These lists are supplements to the telephone directory. The employee informed his superiors of his conversation with the appellant and was advised to tell the appellant that another employee might be willing to make the sale. The other employee, who in reality was a special agent for the Telephone Company, thereupon arranged to meet the appellant in the latter’s hotel room where the agent handed an envelope containing a set of such daily supplements to the appellant, who in turn handed the agent the sum of $500. The appellant was thereupon arrested.

The special agent testified that the particular supplements which were handed to the appellant could not be gained for any purpose by anyone from the Telephone Company without having them stolen from said company.…