Boone

Appeal from a judgment of conviction of violation of section 487, Penal Code, entered in the Superior Court in and for the County of San Bernardino.

On September 21, 1963, Mr. Paul Edward Teal, the manager of the Gordon Ayres Camera Shop in Ontario, primarily a retail store for the sale of cameras and supplies, purchased for the store a Hassleblad camera made in Sweden. It remained in the store’s stock until November 20, 1963. It then had a fair market value of either $600 or $650. Mr. Teal saw the camera on that date.

On November 20,1963, defendant came into the store with a tall, fairly well-dressed Negro man at approximately the lunch period. Mr. Teal and Mr. Hugh Paz were handling the trade in the store. Defendant inquired of Mr. Paz about a Polaroid camera, and some photographs were taken in demon *315 strating such a camera. Meanwhile, the man who came in with the defendant was at the case in which the Hasslehlad camera was contained. The case containing the camera was closed. The man who came in with the defendant never moved from the area of the case, and the defendant was about 10 feet further into the store, where the Polaroid demonstration was taking place. When this…