Hernandez

A jury found defendant guilty of receiving stolen property (§496, Pen. Code), and two prior felony convictions, as alleged, to be true. He appeals from the judgment.

Around 7 p.m. on March 3, 1967, Albert A. Acosta and Robert Longway, partners in a construction business, each drove his pickup truck to the Red Ox Bar; on the open bed of Longway’s truck was a generator worth approximately $400. In the bar they saw defendant and one Garcia. Shortly after they drove away, Longway stopped at a dairy to get some milk; he looked in the back of his truck and found the generator to be missing.

On the evening of March 5, 1967, Acosta and an employee, Mike Prieto, entered the Red Ox Bar; Acosta went there for the purpose of trying to find the generator. Defendant and Garcia were in the bar. Acosta was playing a few games of pool and “all of a sudden” defendant came over and “offered” him a generator—defendant asked him what kind of work he did and Acosta told him construction work; defendant said he had something to sell him and, upon being asked what it was, said a power generator. Acosta said he would buy the generator, and he and Prieto followed defendant and Garcia from the bar to…