People v. Zyduck

A jury found defendant guilty of receiving stolen property (Pen. Code, § 496). He was admitted to probation on condition he serve 60 days in county jail. He appeals, The sole issue is the sufficiency of the evidence to support the verdict. We find it insufficient.

One Barrett, a timber faller, owned a chain saw. He used the saw December 14. He saw it in his pickup truck, parked in front of his home in Eureka, on the morning of December 15 “sometime before noon, but specific time I wouldn’t know.” He gave no one permission to take it. On December 16, shortly after 5 o’clock a.m., police stopped…