Hopkins v. People
New York Supreme Court
Error from the general sessions of Cortland. Hopkins was indicted for receiving stolen goods. The indictment charged that the defendant on, &c. at &c. one mare, of the value of $80, &c. of the goods and chattels of one B. M., by a certain ill-disposed person, to the jurors unknown, then lately before stolen, taken, carried and led away, of the said ill-disposed person, feloniously did receive and have ; he, the said David M. Hopkins, then and there, well knowing the said…
Read the full summary
Error from the general sessions of Cortland. Hopkins was indicted for receiving stolen goods. The indictment charged that the defendant on, &c. at &c. one mare, of the value of $80, &c. of the goods and chattels of one B. M., by a certain ill-disposed person, to the jurors unknown, then lately before stolen, taken, carried and led away, of the said ill-disposed person, feloniously did receive and have ; he, the said David M. Hopkins, then and there, well knowing the said goods and chattels to have been feloniously stolen, taken, carried and led away, to the great damage, &c. On the trial, the…
1Opinion of the Court
By the Court,
Nelson, J.
The indictment is founded upon the revised statutes, 2 R. S. 680, § 71, and it is supposed, on the part of the prisoner, that under this section it is necessary to set forth that the prisoner received the goods upon some consideration paid, or that the offence does not come within the letter or spirit of the act. The language of the section is, “ every person who shall buy or receive in any manner, upon any consideration, any personal property,” &c. Now it is obvious that the intent and meaning of the act is to make it an offence for any person to buy or receive in any…
2Cited by2 opinions
- People v. CaswellNew York Supreme Court · 1839
- People v. RizzoAppellate Division of the Supreme Court of the State of New York · 1909