Silvas

The defendant was convicted of the offense of receiving stolen property knowing the same to have been stolen, and appeals from the judgment and from an order denying his motion for a new trial.

The evidence discloses that the defendant met one Demás, with whom he had some prior acquaintance, in a poolroom in Fresno, and in conversation with him learned that Demás intended to make a visit to Stockton for the purpose of selling some “stuff.” The defendant thereupon, without inquiry as to the nature or value of the articles to be disposed of, stated that he was going to Stockton, and would save Demás the trouble of journeying to that place by undertaking to sell them himself. The property, consisting of cameras and inexpensive jewelry recently stolen from a local store, was contained in a suitcase. Demás took it to a transportation company for shipment to Stockton, had the shipping receipt issued in the name of the defendant, and delivered it to him, together with the key to the suitcase. The defendant went to Stockton, and when there he employed a messenger boy to procure the suitcase from the office of the carrier, who in the course of the execution of his commission was…