Legal Opinion

State v. Mosher

South Dakota Supreme Court

Decided April 25, 1921No. File No. 4674PublishedCited by 1 opinion

The defendant, J. W. Mosher, charged with the offense of receiving stolen property with knowledge that it had been stolen, was, upon trial found “guilty of receiving stolen property,” and he appeals.

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The defendant, J. W. Mosher, charged with the offense of receiving stolen property with knowledge that it had been stolen, was, upon trial found “guilty of receiving stolen property,” and he appeals. Appellant cited: xó C. J. 1x08-09; State v. Peterson, 122 N. W. 667; Ty. v. Conrad, (Dak.) 46 N. W. 605; State v. Johnson (N. D.) 54 N. W. 547; People v. Tilley (Cal.) 67 Pac. 42. Respondent cited: 'Sec. 4223, Code 19x9; State v. McDonald, ('S. D'.) 91 N. W. 447; Blackshare v. State, 128 S. W. 549; State v. P'arks, ('S. D.) 149 N. W. 161; State v. Morse, (iS. D.) 150 N. W. 293.

1Opinion of the CourtPouuey, P. J.

Appellant was tried upon an information charging him with the offense of receiving stolen property with knowledge that the sam|e had been stolen. At the close of the trial the jury returned a verdict in the following language: “We, the jury, find the defendant guilty of receiving stolen property.” Upon this verdict judgment was pronounced, and from' such judgment and from an order denying his motion for a new trial, defendant appeals.

That the property involved, being something over 200 head of sheep, alleged to have been the property of Millard Cleveland & Sons, had been stolen, and that…

2Cases cited4 opinions

  1. State v. JohnsonNorth Dakota Supreme Court · 1893
  2. Territory v. ConradSupreme Court Of The Territory Of Dakota · 1877
  3. State v. ParksSouth Dakota Supreme Court · 1914
  4. State v. PetersonSouth Dakota Supreme Court · 1909

3Cited by1 opinion

  1. State v. MosherSouth Dakota Supreme Court · 1923

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