People v. . Walker
New York Court of Appeals
Appeal from an order of the Appellate Division of the. Supreme Court in the fourth judicial department, entered July 17, 1909, which affirmed a judgment of the Oswego County Court rendered upon a verdict convicting the defendant of the crime of criminally receiving stolen property. There were two counts in the indictment against the defendant.
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Appeal from an order of the Appellate Division of the. Supreme Court in the fourth judicial department, entered July 17, 1909, which affirmed a judgment of the Oswego County Court rendered upon a verdict convicting the defendant of the crime of criminally receiving stolen property. There were two counts in the indictment against the defendant. By the first he was charged with feloniously and criminally buying and receiving from Arthur Greenwood and others certain property, consisting of whips, lap robes and the like, which had been stolen, knowing the same to have been stolen. By the second…
1Opinion of the Court
Vann, J.:
The statute relating to the subject of this appeal, so far as now material, provides that “ a person, who buys or receives any stolen property . . . knowing the same to have been stolen ... or who corruptly, for any money, property, reward, or promise or agreement for the same, conceals, withholds, or aids in concealing or withholding any property, knowing the same to have been stolen, ... is guilty of criminally receiving such property, and is punishable,” accordingly. (Penal Code, § 550.)
Thus there must be three concurring facts to constitute the crime: 1. The property must have…
2Cases cited3 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- McKenna v. . the PeopleNew York Court of Appeals · 1880
- Sindram v. . People of the State of New YorkNew York Court of Appeals · 1882
3Cited by77 opinions
- People v. . MarendiNew York Court of Appeals · 1915
- People v. FlynnNew York Court of Appeals · 1992
- People v. . TomlinsNew York Court of Appeals · 1914
- People v. MooreNew York Court of Appeals · 1978
- People v. WeissNew York Court of Appeals · 1943
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