Scahill

Defendant Thomas Scahill appeals from an order granting probation entered after jury trial of a violation of section 548 of the Penal Code (disposing of property insured against loss by theft with intent to defraud the insurer). Imposition of sentence was suspended and defendant was placed on probation for a period of three years upon the condition that he serve six months in the county jail and pay a fine of $150.

In February 1965, Gregory Lamb was the owner of a 1965 Chevelle Super Sport which was equipped with a Muncie four-speed transmission, a stereo device and a ram manifold. Defendant Scahill informed him that one Bob Guelfi wanted to buy a ram manifold and arranged for the three of them to meet at the College of Marin on Thursday, February 25. During the course of this meeting, defendant told Lamb that he needed a four-speed transmission and asked Lamb the name of his insurance company and whether he had ever made a claim. Lamb gave him the name of his insurer and said that he had never made a claim. Defendant then asked if Lamb and he could arrange a deal to park Lamb’s car so that he could remove the transmission, ram manifold and stereo. Defendant stated that he would…