People v. Checkman

The indictment charged the defendant, under section 1308 of the Penal Law, with criminally receiving stolen property,1 ‘ knowing that the same had been stolen or wrongfully acquired ”. There were no allegations in the indictment which charged defendant with violation of any of the provisions of the section except those contained in paragraph a of subdivision 1 which sets forth the common-law crime. In order to convict, it was necessary that the jury find beyond a reasonable doubt that the defendant knew that the property which he purchased was stolen. The People could not rely upon any…