Rossi

Appellant was charged in an information with the crime of buying or receiving stolen property, a felony under the provisions of section 496bb of the Penal Code. A trial by jury having been waived, appellant was tried by the court and found guilty as charged in the information. From that judgment of conviction and an order denying a new trial, appellant appeals, specifying as grounds therefor that there was no evidence of the receipt by appellant of the property described in the information, and that certain errors of law were committed during the course of the trial prejudicial to appellant.

Under section 496bb of the Penal Code the burden.is upon the prosecution to prove beyond a reasonable doubt, first, that the property or some part thereof, consisting of silverware described in the information, had been stolen or obtained in a manner constituting theft or extortion. Second, that appellant bought or received, concealed, withheld or aided in the concealing or withholding of said property from the owner, and third, that appellant knew that said property had been stolen or obtained in a manner constituting theft or extortion.

The fact that the property was stolen was clearly…