Warford

In count I of an information appellant and Donald Levi Warford were charged with the crime of burglary (Pen. Code, § 459) in that on or about February 21, 1960, they willfully entered the store occupied by Lloyd E. Elliott with intent to commit theft. In count II they were charged with receiving stolen property (Pen. Code, § 496) in that on or about February 24, 1960, appellant and said Warford unlawfully received certain designated personal property knowing that the said property had been stolen. Both defendants denied each of the charges. After a trial by the court without a jury both defendants were found not guilty of burglary and both were found guilty of receiving stolen property. Appellant Fagan was sentenced to the state prison for the term prescribed by law. He has appealed from the judgment.

On the night of February 21, 1960, the Coast Television Engineers’ TV shop, located at 5212 Laurel Canyon, Los Angeles County, was burglarized. Two TV sets, one oscilloscope, one RCA voltmeter, and two tube caddies were taken from the shop. One TV set was a new Paekard-Bell portable with a 17-inch screen; the other was an RCA portable, blue and white in color, with a remote control…