Kahanek v. State

DAVIDSON, Presiding Judge.

Appellant was charged with receiving stolen property from George Clark and Joe Haffernik, which property was alleged to belong to J. A. Nachlinger.

The theory of the prosecution, as evidenced by the allegation in the indictment, was that Bachlinger owned a buggy and Clark and Haffernik stole it and sold it to appellant, and that the evidence would justify the jury in finding that appéllant at the time he bought it or received it knew it was stolen property.

The court charged the jury, over appellant’s exception duly reserved, that if defendant fraudulently received…