O'Shaughnessy

The defendant, having been convicted of the crime of receiving stolen property,' has appealed from the judgment and from an order denying a new trial.

It appears from the evidence that a store in San Diego was broken into on the night of May 29, 1933, or the early morning of May 30, and that a number of radios were stolen therefrom. On June 1, 1933, police officers found two of these radios in a house occupied by a Miss Johnson and a Miss Van Norton. On June 2d, the appellant was arrested and at police headquarters was asked “what explanation he had to make regarding the two radios which he sold at Pearl Van Norton’s home”. The appellant replied that on Tuesday night (which was the night after the radios were stolen) a man asked him to sell the radios; that he did not know the man’s name but he wore a gray suit and was of-about his own age and size; that he told this man he thought he could sell the radios, whereupon the man brought the two radios to his room; that he immediately took them to Miss Van Norton’s house and sold them for a total of $18; and that he returned to his room and paid the man in the gray suit $15, retaining $3 for himself. The appellant further stated that…