State v. Lamm

For the following reasons, I dissent. Following the presentation of the evidence the jury found the defendant, Albert Banard Lamm, guilty of theft by receiving in violation of Section 76-6-408. This statute provides in pertinent part:(1) A person commits theft if he . conceals, sells or withholds or aids in concealing, selling or withholding any such property from the owner, knowing the property to be stolen, [and] with the purpose to deprive the owner thereof.1

To convict an individual of concealing or aiding in the concealment of stolen property the prosecution must introduce evidence…