People v. Martinez

Opinion

FLEMING, J.

The People appeal an order of the superior court setting aside an information charging Earl Anthony Martinez with receiving stolen property. The issue is whether there was sufficient evidence, outside of Anthony’s own extrajudicial statements, to establish the corpus delicti of the crime charged, receiving a stolen toaster and a stolen blender.

The following evidence was introduced at the preliminary hearing:

Mrs. Manuela Perez testified that she was away from her home in East Los Angeles from about noon to 5:30 p.m. on 9 September 1971, and that when she returned her home had…