Russell v. State

with whom McCLINTOCK, Justice, joins.

My inquiry into the record — keeping in mind the elements which must be proved in order to sustain a conviction for receipt of stolen property — leads me to the unaltera*701ble conclusion that there was insufficient evidence of guilty knowledge at the time of defendant’s receipt of the stolen property. Without such guilty knowledge at this particular time, the crime of receiving stolen goods cannot — in my view — be committed. This being so, the trial court should have granted defendant’s motion for acquittal at the end of the State’s case. Secondly, with…