Legal Opinion

Franklin v. State

Supreme Court of Florida

Decided October 28, 1913PublishedCited by 19 opinions

Writ of error to Criminal Court of Record, Duval County; John S'. Maxwell, Judge.

1Opinion of the CourtWhitfield, J.

Franklin was convicted of receiving stolen goods knowing them to have been stolen, and took writ of error.

It is essential to a conviction for receiving stolen property that the receiver shall have knowledge that the property was stolen at the time of its reception, or of such circumstances as would put a man of ordinary intelligence and caution on inquiry. Minor v. State, 55 Fla. 90, 45 South. Rep. 818.

Where a particular fact is an essential element in the commission of a crime, and in a prosecution for such a crime there is no evidence showing the essential fact, and no evidence from which…

2Cases cited3 opinions

  1. McDonald v. StateSupreme Court of Florida · 1908
  2. Minor v. StateSupreme Court of Florida · 1908
  3. Baker v. StateSupreme Court of Florida · 1907

3Cited by19 opinions

  1. Hamilton v. StateSupreme Court of Florida · 1937
  2. State v. GrahamSupreme Court of Florida · 1970
  3. Knowles v. StateSupreme Court of Florida · 1923
  4. Licata v. StateSupreme Court of Florida · 1921
  5. Broxson v. StateSupreme Court of Florida · 1930

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