People v. Cooks

— Defendant was charged with petit theft, a felony under Penal Code section 666, 1 he having served a term of imprisonment for a prior conviction for petit theft. Defendant waived a jury trial. The court found him guilty as charged and sentenced him to state prison. His appeal is from the judgment.

The manager of a market testified that he observed defendant enter the premises, remove a bottle of Scotch whiskey from the shelf, place it under his shirt and walk out. The manager followed the defendant outside and recovered the merchandise. Defendant, testifying on his own behalf, admitted that…