People v. Hernandez

LILLIE. J.

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.