Young v. Superior Court

In Young v. Superior Court (1967) 253 Cal.App.2d 848, the evidence showed a police officer offered to sell defendant some audio equipment. Defendant was told the property was stolen; in fact it belonged to the city and had never been stolen. Defendant paid the officer for the property and was arrested. On pretrial writ review, this court held the evidence insufficient to support an information charging an attempt to receive stolen property. Rojas was distinguished on two grounds: first, in People v. Rojas the goods had been stolen although later recovered, whereas in Young the goods had never been stolen; second, in Rojas the defendants had been instrumental in the theft of the goods while in Young defendant played no part in the "purported" theft of the audio equipment. (253 Cal.App.2d at p. 853.)