Legal Opinion

Gandolpho v. State

Indiana Supreme Court

Decided July 1, 1870PublishedCited by 9 opinions

APPEAL from the Jennings Circuit Court. Gandolpho, the appellant, was convicted on an indictment for receiving stolen goods, knowing them to have been stolen. The indictment contained three counts.

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APPEAL from the Jennings Circuit Court. Gandolpho, the appellant, was convicted on an indictment for receiving stolen goods, knowing them to have been stolen. The indictment contained three counts. The first charged the defendant with unlawfully, feloniously, and burglariously breaking and entering the manufactory of certain persons named, known as the “O. and M. Woollen Mills,” in the night time, and stealing therefrom certain goods, which were described, on the 31st day of August, 1870. The second count charged the appellant with a larceny of the same goods described in the first count, and…

1Opinion of the CourtElliott, J.

It is urged as an objection to the third count of the indictment, that it does not allege that the goods were received by the appellant with a felonious intent. The indictment alleges, that the appellant “unlawfully and feloniously received and concealed the goods.” This is a sufficient allegation of the felonious intent with which the goods were received and concealed.

Another objection urged to the third count of the indictment is, that it does not charge the appellant with receiving the goods with intent to defraud any person.

It was held, in Pelts v. The State, 3 Blackf. 28, that an…

2Cases cited2 opinions

  1. Pelts v. StateIndiana Supreme Court · 1832
  2. Keefer v. StateIndiana Supreme Court · 1853

3Cited by9 opinions

  1. Wertheimer & Goldberg v. StateIndiana Supreme Court · 1929
  2. Glover v. StateIndiana Supreme Court · 1887
  3. State v. RichmondSupreme Court of Missouri · 1905
  4. State v. SakowskiSupreme Court of Missouri · 1905
  5. Kaufman v. StateIndiana Supreme Court · 1874

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