Levi v. State
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Savage, J. 1. A receiver of stolen property must have received the property from some person who is guilty of the‘larceny as a principal offender, and if it be shown that he received the property from another receiver, he cannot be convicted. 1 Wharton’s Criminal Law, § 990. 2 Bishop’s Criminal Law, § 1140 and cases cited.
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Error to the district court for Douglas county. Tried below before Savage, J. 1. A receiver of stolen property must have received the property from some person who is guilty of the‘larceny as a principal offender, and if it be shown that he received the property from another receiver, he cannot be convicted. 1 Wharton’s Criminal Law, § 990. 2 Bishop’s Criminal Law, § 1140 and cases cited. Desty’s American Criminal Law, § 1476. 2. The defendant was indicted for receiving property belonging to a corporation. Proof of the corporate existence was necessary, and the refusal of the court to allow…
1Opinion of the Court
Lake, Ch. J.
The plaintiff in error stands convicted of the cx’ime of receiving stolen goods, and he seeks to reverse the judgment upon several grounds, which we will consider in the oi’der of their pi’esentation.
In this state the receiving or buying of stolen goods is not an accessory, but a substantive offense, as will be seen by reference to the statute by which it is governed.
*3Section 116 of the criminal code provides that: “If any person shall receive or buy any goods or chattels of the value of thirty-five dollars or upwards, that shall be stolen or taken by robbers, with intent to…
2Cited by11 opinions
- State v. GordonSupreme Court of Minnesota · 1908
- Anderson v. StateSupreme Court of Florida · 1896
- State v. FinkSupreme Court of Missouri · 1905
- Norton v. StateNebraska Supreme Court · 1930
- State v. MinnickSupreme Court of Kansas · 1923
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