People v. Johnson

Defendant was charged by information with a violation of section 487, subdivision 1 of the Penal Code (grand theft). He was also charged with the following prior convictions: 1945, burglary and receiving stolen property; 1950, burglary; 1952, violation of section 503 Vehicle Code, unlawful taking of a motor vehicle; 1957, violation of section 503 Vehicle Code. He pled “not guilty” and denied the priors. When the cause was called for trial, out of the presence of the jury, defendant admitted the priors. He was found guilty as charged • a motion for new trial was denied; probation was denied. Defendant was sentenced to state prison for the term prescribed by law.

The theory of the case for the People was that defendant unlawfully took certain suits from Bullock’s department store with the specific intent to appropriate them permanently without paying for them. His sole defense was that of entrapment. He admitted taking the suits but denied that he intended to keep them and testified that he had been hired and paid by security agent Sances of Bullock’s department store to make a delivery of them.

I

Defendant contends that the failure of the trial court, on its own motion, to…