Lodge

This is an appeal from the “judgment and sentence” imposed in a matter involving the receipt of stolen property.

In an information filed in Los Angeles County the defendant was charged in three counts with receiving stolen property on November 30, 1959, November 8, 1959, and November 9, 1959. Defendant pleaded not guilty and it was stipulated that the cause would be submitted on the transcript of the preliminary hearing and other testimony. The court found defendant guilty as charged in each count. Proceedings were suspended in each count and probation was granted for a period of three years upon condition that defendant spend three months in the county jail, that he make restitution and obey all laws. The sentences were to run concurrently.

A résumé of some of the evidence before the court is as follows;

On November 7, 1959, at about 1 p.m. Max Marks secured his home in Hidden Hills. About 9 p.m. of November 7, 1959, Phillip Swiger, without the permission of the owner thereof, entered into the Marks home and took therefrom without permission two matching suitcases, two firearms, a tuxedo, sewing machine, golf clubs, movie projector and some champagne. The stolen property was…