Fried

Defendant was charged with six counts of receiving stolen goods in violation of section 496 of the Penal Code. After a trial by the court, trial by jury having been duly waived, he was found guilty of the offense charged in count IV and not guilty on the other counts. A motion for new trial was denied; a one-year jail sentence was imposed; the sentence was suspended and defendant was granted probation for three years. He has appealed.

Defendant was engaged in the business of selling typewriters, adding machines, and similar business equipment. On February 1, 1966, police officers, armed with search warrants, the validity of which is not questioned, searched his home and his place of business. The search at the home disclosed a large number of typewriters and other business machines, some in the house and some concealed in the garage, all being identified as having been stolen in burglaries which had occurred over 60 days previously. The search of the store had similar results.

When the officers arrived at the store and served defendant with the search warrant, he asked permission to phone his attorney. The officer in charge refused the permission, saying that defendant could not…