Appellate Department of the Los Angeles County Superior Court
160 Cal.Rptr. 692 (1979)
Appellant Navarro (defendant) took four wooden beams from a construction site. He was convicted of petty theft. The relevant statute says that anyone who steals another person’s property with a felonious motive is guilty of theft. At trial, Navarro proposed jury instructions saying that if he took the wood beams with the good faith belief they were abandoned or that he had permission to take them, he was not guilty of theft, even if his good faith belief was unreasonable. The court instead instructed the jury that if Navarro took the wood beams with the good faith belief that they were abandoned or that he had permission to take them, he was not guilty of theft as long as his good faith belief was reasonable.
Rule of Law
Holding and Reasoning (Dowds, J.)
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