Crabtree

Defendant was charged by information with petty theft with a prior conviction of petty theft (Pen. Code, § 666). He pleaded not guilty and admitted the prior conviction. Following a jury trial he was found guilty as charged and has appealed from the judgment.

On August 4, 1964, at about 12 noon, defendant entered a Food Giant market in Canoga Park. Joseph Muscarella, a security agent employed by the market, saw him walk to the meat department and pick up a package of meat. Next defendant walked over to the soup aisle and placed the meat under his shirt. Then he selected a quart of milk, proceeded to the checkstand and paid for the milk, but failed to pay or offer to pay for the meat concealed under his shirt.

As defendant left the market, Mr. Muscarella approached him, identified himself as a special agent for Food Giant, and informed defendant that he was placing him under arrest for theft. After a short scuffle, defendant dropped the milk and ran. While he was running he removed the meat from inside his shirt and threw it to the ground. Mr. Musearella caught defendant and took him into an office in the rear of the market. Defendant was asked for some identification but stated…