Gordon

Appellant and his codefendant Mary Duffy were convicted by a jury of violating Penal Code, section 496, *393 receiving stolen property. The appeal is from the judgment and the order denying motion for a new trial. The appeal from the latter is dismissed. (Pen. Code, § 1237.)

On March 28, 1963, Prentiss Green’s home was burglarized and a hi-fi set was taken.

On April 20, 1963, Officers Helvin and Kelch of the Los Angeles Police Department responded to a disturbance of peace complaint placed by codefendant Duffy, arising from her desire to eject appellant from her house. -When the police arrived, appellant was gathering his clothing, and announced that he would leave shortly. He started to take a phonograph set. Miss'Duffy objected, saying “You are not going to take that.” When appellant persisted in the removal of the set, Miss Duffy, in a whisper to him, overheard by the police, said: 11 If you try to take that I will tell them it is stolen. ’ ’ Appellant did not reply and moved to the door with the set. At this point, Miss Duffy turned to the officers and said: 11 Officers, that box is stolen. ’ ’ Gordon made no reply.

At this point the record becomes rather sketchy. It is…