Delaney

Counts I and II of the information charge defendant with receiving stolen property (Pen. Code, § 496). Counts III and IV charge possession of checks with intent to defraud (Pen. Code, § 475a). The stolen property consists of checks and business machines (count I) and a eheckwriter (count II). The information also alleges that defendant has suffered four prior convictions. Defendant pleaded not guilty, denied the priors and waived a jury trial. The trial court found him guilty on all counts, found all priors to be true, and sentenced defendant to state prison. This appeal is from the judgment.

Facts

Prior to February 1, 1963, the police received information that a man known as Bob Carter was in possession of some stolen blank payroll checks. They watched Carter and saw that he associated with defendant. On January 31, 1963, two officers searched their informant, then gave him $15 and watched him enter defendant’s apartment. When the informant came out 15 minutes later he delivered three checks which he said he had purchased from defendant.

On February 1, 1963, at about 5:45 p.m. police officers went to the vicinity of defendant’s apartment and waited. Defendant arrived about…