Mandola

Defendant was found guilty of two counts of receiving stolen property. Probation was denied and he was sentenced to concurrent terms in the state prison. He appeals.

The Evidence

On the night of November 6, 1965 the Robert Earner Medical Group premises were broken into and among the items found missing the next morning was a check protector. Another burglary took place on the same premises on the night of November 27, 1965. Among the items found missing the next morning was a Monroe calculator.

Sometime thereafter Officer Cron went to an apartment at 280 South Bixel to serve a misdemeanor warrant on defendant Mandola. His knock was answered by Mandola, but when the officer inquired whether anyone by that name lived in the apartment, Mandola said “No,” he was just visiting and his name was Hough. Mandola appeared nervous. Asked to produce some writing which would show the name of the person renting the apartment, Mandola then admitted that he was the person named on the warrant. Cron told him he would have to come with him. Mandola put on his shoes. He then said “I will have to get my coat” and stepped toward the officer who was standing next to a closet door. Cron opened the…