State v. Hazard
Supreme Court of Rhode Island
The indictment contained two counts. The first charged the defendant with larceny, in stealing certain goods ; the second, after setting forth that the goods described in the first count had been stolen, charged the defendant with having fraudulently received the same, knowing them to have been stolen, but without alleging the name of any person from whom said goods were so received by the defendant, or that they were received from some person or persons unknown to the…
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The indictment contained two counts. The first charged the defendant with larceny, in stealing certain goods ; the second, after setting forth that the goods described in the first count had been stolen, charged the defendant with having fraudulently received the same, knowing them to have been stolen, but without alleging the name of any person from whom said goods were so received by the defendant, or that they were received from some person or persons unknown to the jurors finding the indictment. The trial was had in the Court of Common Pleas, before Staples, J., upon both counts, and the…
1Opinion of the CourtBrayton, J.
It may be more convenient first to consider the second ground, assigned for a new trial, which is, that the Court declined to charge the jury, that it was incumbent on the government to allege in the indictment, that the defendant received the goods, referred to in the second count, from some person or persons either known or unknown to the jurors finding the indictment, and to support the allegation by proof, and that unless so alleged and proved the defendant could not be convicted on that count,
Now it is not so alleged, and it would clearly be of little service to prove what is not…
2Cases cited2 opinions
- People v. RyndersNew York Supreme Court · 1834
- Stingley v. KirkpatrickIndiana Supreme Court · 1846