Legal Opinion · Concurrence

State v. Lewis

West Virginia Supreme Court

Decided June 20, 1936No. 8385Published

1ConcurrenceKenna, Judge

The two dissenting opinions filed herein, particularly that filed by Judge Hatcher which relies upon a number of authorities as sustaining its conclusion, make it desirable that there should be some further elucidation of the position taken by the majority of the court, as I understand that position.

Under the old statute, referred to in the majority opinion, it was made an offense to receive stolen goods knowing them to have been stolen. There is no dispute but that under statutes of this sort, the overwhelming weight of authority is to the effect that belief is tantamount to knowledge. There…

2Cases cited10 opinions

  1. People v. TantenellaMichigan Supreme Court · 1920
  2. State v. RountreeSupreme Court of South Carolina · 1908
  3. Robinson v. StateIndiana Supreme Court · 1882
  4. People v. GroveIllinois Supreme Court · 1918
  5. State v. DennyNorth Dakota Supreme Court · 1908

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