O'Connell v. State
Supreme Court of Georgia
Criminal law. Receiving stolen goods. Evidence. Res gestee. Before Judge Bartlett. Chatham Superior Court. February Term, 1875. O’Connell was placed on trial for the offense of simple larceny. The indictment also contained a count for buying and receiving stolen goods, knowing them to have been stolen.
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Criminal law. Receiving stolen goods. Evidence. Res gestee. Before Judge Bartlett. Chatham Superior Court. February Term, 1875. O’Connell was placed on trial for the offense of simple larceny. The indictment also contained a count for buying and receiving stolen goods, knowing them to have been stolen. The property thus charged to have been taken, and bought and received, consisted of old iron, railroad chairs, etc., alleged to belong to the Central Railroad and Banking Company. The defendant pleaded not guilty. The jury found him “guilty of receiving stolen goods, knowing them to have been…
1Opinion of the Court
Bleckley, Judge.
1. The important question made by the motion for new trial, is whether there was evidence enough to convict. The railroad iron, spikes, chairs, brasses, etc., were alleged in the indictment to be the property of the Central railroad and Banking Company, and to have been stolen by a person unknown, and afterwards received by the prisoner, he knowing them to be stolen. All these points were material: 2 Bishop’s Cr. Law, section 953; 2 Bishop’s Cr. Procedure, section 707; 4 Georgia Reports, 465; Roscoe’s Cr. Ev., sections 875-6. As the evidence comes to us in the record, it seems…
2Cited by5 opinions
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