In what circumstances will a defendant be successful in overturning his conviction for possession of a stolen typewriter case?
California, United States of America
The following excerpt is from People v. Herrera, 12 Cal.App.3d 629, 90 Cal.Rptr. 802 (Cal. App. 1970):
In People v. Manis, 268 Cal.App.2d 653, 74 Cal.Rptr. 423, the police officers observed appellant carrying what appeared to be a new portable typewriter case. The area was one in which many burglaries had recently been committed and typewriters stolen. Appellant was walking toward an area of several pawn shops, and from time to time he looked back at the officers who were following him. He reversed
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Where was he going? 'Santa Monica.'
How would he get to his destination? 'Walk.'
What was in the case he was carrying? 'Radios.'
Did he have a receipt for the radios? 'No, I stole them.'
(See People v. Manis, 268 Cal.App.2d 653, 658, 74 Cal.Rptr. 423.) He was arrested, advised of his constitutional rights, prosecuted and convicted. As in our case, Manis made two interrelated and alternative contentions which he claimed required a reversal of his conviction. They were:
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