Franklin v. State

The indictment charged that J. C. Franklin, alias, “did buy, receive, conceal or aid in concealing one 1968 Chevrolet Impala four-door hard-top automobile, of the value-of, to-wit, $3,000.00, the personal property of the Hertz Corporation, a corporation, knowing that it was stolen and not having the intent to restore it to the owner,” etc.

The trial court read as a part of its oral charge to the jury Tit. 14, § 338, Code of Alabama, 1940, as recompiled 1958, which creates the statutory offense charged in the indictment. That statute contains the following, “knowing that it was stolen, or…