State v. Lane
Supreme Court of Iowa
Appeal from Tama District Oourt. The indictment charges that certain described personal property was of the “ value of $1,235, and was then and there the property of * * * before then feloniously and burglariously stolen, taken and carried away by one Jesse Davis, * * * the defendant unlawfully and feloniously did receive and have, he, the said Thomas Lane, then and there well knowing the said goods, chattels and property to have been feloniously stolen, taken and carried…
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Appeal from Tama District Oourt. The indictment charges that certain described personal property was of the “ value of $1,235, and was then and there the property of * * * before then feloniously and burglariously stolen, taken and carried away by one Jesse Davis, * * * the defendant unlawfully and feloniously did receive and have, he, the said Thomas Lane, then and there well knowing the said goods, chattels and property to have been feloniously stolen, taken and carried away.” Trial by jury. Yerdict, guilty; and judgment. The defendant appeals.
1Opinion of the CourtSeevers, J.
I. The indictment was found under section 3911 of the Code, which provides: “If any person buy, receive, or aid in concealing, any stolen goods, or any property the stealing of which is declared to be larceny, or property obtained by robbery or burglary, knowing the same to have been so obtained, he shall be punished,” etc. It is said the indictment is insufficient because it does not charge that the “ defendant obtained the propérty by burglary.” The crime defined by the statute may be committed by receiving stolen property knowing it to be such, or by knowingly receiving *385property which has…
2Cited by2 opinions
- State v. BullisSupreme Court of Iowa · 1923
- State v. SmithSupreme Court of Iowa · 1893