Crossley

Defendant was charged in an information filed by the District Attorney of Los Angeles County with grand theft in violation of Penal Code section 487. It was alleged that on or about January 18, 1962, defendant took four Zenith television sets, having a total value of $760, from Sues, Young & Brown, Inc., a Zenith wholesale distributor. Defendant pleaded not guilty. After trial by jury defendant was found guilty as charged. A motion for new trial was denied as was probation. Defendant was sentenced to state prison for the term prescribed by law. This appeal followed.

Sues, Young & Brown, Inc., distributes television sets to retailers. John Kenmuir, an employee, testified he observed defendant coming out of the employees’ exit carrying two portable television sets, one of which was gray in color, the other tan, at about 12 :30 p.m. on January 18, 1962. Defendant walked over to a late model Pontiac automobile, license number TVY-181, opened the trunk, put the sets inside and drove away. Kenmuir made a note of the license number since it was unusual for anyone to be picking up television sets during the lunch hour. He turned this number in to the front office.

Arthur Meek, also an…