Dupre
People v. Dupre
Opinion
Opinion
Files, J.
Defendant was tried by a jury and found guilty of two counts of receiving stolen property (Pen. Code, §496). The subject of count I is a Packard Bell television receiver which was stolen on August 1, 1963. Count II involves a stereo set and an R.C.A. color television receiver which were stolen February 24,1965.
It is necessary to reverse the judgment because of the absence of substantial evidence that defendant knew the property was stolen.
The evidence shows without contradiction that the stolen articles were found in defendant’s residence at 2025 West 64th Street on May 7, 1965. On that occasion the police went to that address for the purpose of arresting Robert Batteau, who was suspected of robbery, burglary and kidnaping.
In the house the officers found Batteau, defendant, defendant’s sister, and two other men. The officers noted the serial numbers on the television receivers and stereo in the residence, and, after advising defendant of her rights to silence and to counsel, questioned her. Defendant admitted to the officers that she was the person who had rented the house, and that she had lived there about two months.