State v. Bannister
Supreme Court of Vermont
Indictment for receiving stolen property, knowing it to be stolen. Heard on demurrer to’ the indictment at the September Term, 1906, Orleans County, Haselton, J., presiding. Demurrer overruled and indictment adjudged sufficient. The respondent excepted. The indictment does not set forth such facts as constitute the crime, nor negative the presumption that the respondent received the property innocently. 1 Bish. Cr.
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Indictment for receiving stolen property, knowing it to be stolen. Heard on demurrer to’ the indictment at the September Term, 1906, Orleans County, Haselton, J., presiding. Demurrer overruled and indictment adjudged sufficient. The respondent excepted. The indictment does not set forth such facts as constitute the crime, nor negative the presumption that the respondent received the property innocently. 1 Bish. Cr. Proc. §411; State v. Day, 3 Vt. 142. The use of the word “feloniously” does not supply the requirement that the indictment should allege the intent with which the respondent…
1Opinion of the CourtTyler, J.
This case is before us upon demurrer tO' the indictment which charges: “That James Banister * * *, did feloniously receive and have four head of cattle of the value of * * * *, the goods and chattels of one George Marsh, then lately before feloniously stolen, taken and carriedaway by some evil disposed person, * * *, he, the said James Banister, then and there well knowing the said cattle to have been feloniously stolen, taken and carried away, contrary to the form of the statute,” etc.
*526The indictment is brought upon V. S'. §4974 which provides that: “A person who- buys, receives, or aids in…
2Cases cited2 opinions
- State v. FiskeSupreme Court of Vermont · 1894
- State v. CorcoranSupreme Court of Vermont · 1901
3Cited by10 opinions
- McAllister v. BenjaminSupreme Court of Vermont · 1923
- State v. AlpertSupreme Court of Vermont · 1914
- State v. CarterSupreme Court of Vermont · 1980
- People v. QuigleyMichigan Supreme Court · 1921
- State v. GuppySupreme Court of Vermont · 1971
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