Canellos v. State
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Nick Canellos was convicted of buying or receiving property knowing that it bad been embezzled or fraudulently converted or fraudulently secreted with intent to defraud the rightful owner, and he appeals.
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Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Nick Canellos was convicted of buying or receiving property knowing that it bad been embezzled or fraudulently converted or fraudulently secreted with intent to defraud the rightful owner, and he appeals. The facts sufficiently appear from the opinion, except charges 15 and 17, which are as follows: (15) The court charges the jury that before you can convict a defendant in this case you must believe beyond a reasonable doubt that he actually knew that the goods were stolen or embezzled or fraudulently converted or fraudulently…
1Opinion of the CourtSamford, J.
The conviction in this case is based upon section 6841 of the Code of 1907, which is similar to the crime condemned by section 7329 of the Code of 1907 in so far as section 7329 requires knowledge on the part of the defendant, and authorities construing that section are applicable to the section under which this prosecution is brought.
[1] The evidence discloses that in November, 1918, the defendant purchased a case of Magnolia milk from a negro truck driver by the name of Pickens and paid therefor $6.25; that amount being about $2 under the market value of the milk. It was shown that Pickens…
2Cases cited2 opinions
- Cohen v. StateAlabama Court of Appeals · 1918
- Buckhanon v. StateAlabama Court of Appeals · 1915
3Cited by3 opinions
- Wright v. StateCourt of Criminal Appeals of Alabama · 1982
- Vacalis v. StateAlabama Court of Appeals · 1920
- Quinn v. StateAlabama Court of Appeals · 1925