Hardin v. Elvitsky

After a court trial defendant was convicted of receiving stolen property. The principal contentions on appeal are (1) that prejudicial error was committed in admission into evidence of a statement made by defendant after his arrest under circumstances violating the Escobedo-Dorado rule (Escobedo v. Illinois (1964) 378 U.S. 478 [84 S.Ct. 1758, 12 L.Ed.2d 977]; People v. Dorado (1965) 62 Cal. 2d 338 [42 Cal. Rptr. 169, 398 P.2d 361]); (2) that an illegal search and seizure produced the property stipulated to have been stolen; and (3) that proof that the goods had been stolen by someone other than the defendant is a necessary element of the crime of receiving stolen goods, and that the People, having failed to prove this, cannot support the judgment. We deny these contentions for reasons which will appear in the discussion following the statement of facts.