State v. Burdon
Supreme Court of Louisiana
APPEAL from the Criminal District Court for the Parish of Oilcans, Baker, J. 1. In an indictment charging the defendant with receiving stolen property, under Sec. 832, • 11. S., a verdict finding the accused guilty of “knowingly receiving stolen property,” ia legal. 2. Guilty knowledge is of tlie essence of tlie crime. Bishop Cr. Prac.Vol, II., § 906; "Wliar. ton Cr. E. §§ 983, 989; Wliartoa Or. Ev. § 164; Desty Cr.
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APPEAL from the Criminal District Court for the Parish of Oilcans, Baker, J. 1. In an indictment charging the defendant with receiving stolen property, under Sec. 832, • 11. S., a verdict finding the accused guilty of “knowingly receiving stolen property,” ia legal. 2. Guilty knowledge is of tlie essence of tlie crime. Bishop Cr. Prac.Vol, II., § 906; "Wliar. ton Cr. E. §§ 983, 989; Wliartoa Or. Ev. § 164; Desty Cr. L, 147, a. 3. In suck a verdict, tko use of the adverb “ knowingly ” “ modifies ” the verb in a particular sense and makes it more correctly descriptive of the offense. 4. Suck a…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
On trial of tlie defendants under two counts — for grand larceny and for receiving and having stolen goods, knowing the same to have been feloniously stolen — the jury returned tlie following verdict: “Guilty of knowingly receiving stolen property.”
The defendants appeal from the judge’s refusal to sustain their motion in arrest of judgment, which was based on the ground:
“That said verdict is a special verdict; that it is a finding solely as ■to facts; that it is complete in itself; that it finds no offense known to the law of this State, and…
2Cited by10 opinions
- State v. AntoineSupreme Court of Louisiana · 1938
- State v. MurphySupreme Court of Louisiana · 1957
- Blackshare v. StateSupreme Court of Arkansas · 1910
- Harris v. StateSupreme Court of Florida · 1907
- State v. FradellaSupreme Court of Louisiana · 1927
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