Perini

The defendants were convicted of the crime of receiving stolen goods, knowing the same to have been stolen, and were sentenced to serve a term of sixty days in the county jail.

It is claimed that section 496 of the Penal Code, under which the defendants were prosecuted and convicted, is unconstitutional, because it provides for punishment “ by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding six months, or by both.”

We are unable to appreciate the force of the argument that this section authorizes a double punishment, and know of no provision of the constitution which it violates. The power to define offenses and affix joenalties therefor rests entirely with the legislature. Whether a person convicted of this offense has committed a felony or a misdemeanor can be ascertained by the nature of the judgment. If the defendant is sentenced to serve a term in the state prison, the crime is a felony; otherwise, a misdemeanor. (Pen. Code, secs. 16, 17.)

The evidence is sufficient to sustain the verdict. The evidence introduced by the prosecution shows that Gelston stole the property and sold it to the defendants, who had knowledge of the…