Legal Opinion

Frank v. State

Mississippi Supreme Court

Decided October 15, 1889PublishedCited by 13 opinions

From the circuit court of Warren county. Hon. Ralph North, Judge. Appellant was indicted for receiving stolen goods, a lot of car brasses, knowing them to be stolen. The property was proved to have been stolen from the receiver of the Vicksburg and Meridian Railroad Co. The appellant kept a junk shop in the city of Vicksburg, and after the larceny an agent of the railroad company called with the chief of police on Frank to learn if he had purchased or seen the brasses.

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From the circuit court of Warren county. Hon. Ralph North, Judge. Appellant was indicted for receiving stolen goods, a lot of car brasses, knowing them to be stolen. The property was proved to have been stolen from the receiver of the Vicksburg and Meridian Railroad Co. The appellant kept a junk shop in the city of Vicksburg, and after the larceny an agent of the railroad company called with the chief of police on Frank to learn if he had purchased or seen the brasses. He denied having bought them, and disclaimed all knowledge of them. The articles bore certain stamps showing the names of the…

1Opinion of the CourtCampbell, J.

It is true as held in Sartorious v. State, 24 Miss. 602, that it is not sufficient to convict the prisoner of receiving goods knowing them to be stolen, to show that he stole them; but where circumstances warrant the conclusion that they were stolen by another, and they are traced to the possession of the defendant, under circumstances sufficient to make him believe they were stolen, this is sufficient to uphold a conviction. By knowing them to be stolen is not meant that the defendant should personally have witnessed the theft. If the transaction is such as to convince him, or as should do…

2Cases cited1 opinion

  1. Sartorious v. StateCourt of Appeals of Mississippi · 1852

3Cited by13 opinions

  1. Hentz v. StateMississippi Supreme Court · 1986
  2. State v. . WilsonSupreme Court of North Carolina · 1918
  3. Pettus v. S TateMississippi Supreme Court · 1946
  4. State v. RichmondSupreme Court of Missouri · 1905
  5. People v. MercadoCalifornia Court of Appeal · 1922

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