Williams v. State

DAUKSCH, Judge.

Appellant was found by the police in possession of a radio which was stolen from a boat. He was charged with the burglary of the boat, and the larceny of the radio. He was also charged with buying, receiving and concealing stolen property: the radio. At the close of the state’s case in chief at trial the appellant moved for an order requiring the state to elect between the larce*741ny and the buying, receiving and concealing counts. It was the Appellant’s contention that it is inconsistent for the state to charge both that the accused was the thief and the “fence”, or somehow…