Legal Opinion · Dissent

State v. Lewis

West Virginia Supreme Court

Decided June 20, 1936No. 8385Published

1Dissent

Hatcher, President,

dissenting:

I can add nothing to the logic of Judge Maxwell, and would merely support it by a seemingly unbroken line of authority. “In all cases, knowledge at the time the goods are received that they have been stolen is absolutely essential ; but knowledge may always be inferred from the circumstances, and is sufficiently shown if the circumstances proven are such as must have made the recipient believe they were stolen.” Clark’s Cr. Law (3d Ed.), See. 109, pp. 381-2. “It was not necessary for the state to prove that the defendant had personal knowledge of the larceny in…

2Cases cited22 opinions

  1. Eyre v. JacobSupreme Court of Virginia · 1858
  2. Birdsong v. StateSupreme Court of Georgia · 1904
  3. Commonwealth v. LeonardMassachusetts Supreme Judicial Court · 1886
  4. State v. RountreeSupreme Court of South Carolina · 1908
  5. State v. RichmondSupreme Court of Missouri · 1905

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