People v. Kunkin

9 Cal.3d 245 (1973)

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Nature of the Case

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Facts

Reznick was employed as a mail clerk at the Los Angeles office of the Attorney General. He removed a copy of a personnel roster of the Bureau of Narcotic Enforcement which listed the names, home addresses, and home telephone numbers of undercover narcotics agents throughout the state. It was not marked 'secret' or 'confidential.' Reznick took the roster to the office of the Free Press where he met Applebaum (D). Reznick asked D whether the Free Press would publish the roster. D feared 'there might be trouble' if such a document were published, he said that he would nevertheless consult his editor. When Reznick asked if he would be paid for providing the roster, D explained that subject to approval by his superiors, the standard fee paid for information actually used in an article was $20. Reznick then departed. Reznick returned a week later with the roster. D still could not promise that the Free Press would publish the roster, Reznick left the document on the reporter's desk and insisted that the newspaper not reveal its source of information. No agent of the newspaper promised to pay for the roster and Reznick was never paid for it. The Free Press published the roster verbatim in its feature article. After the list was published, Reznick went to D and asked for the return of the copy of the roster he had provided. D refused but assured Reznick that the document was locked in a safe place. Following requests made by a deputy attorney general to the Free Press, an attorney of undetermined authorization delivered the copy of the roster to the Attorney General's office. Fingerprints of Reznick, D, and Kunkin (D1) were found on the document. Kunkin (D1) and D were indicted for receiving stolen property. The jury was instructed only on the theft of the document by larceny. Ds were convicted and appealed.