State v. Lewark

The opinion of the court was delivered by

Mason, J.:

Russ Lewark was convicted of knowingly receiving a stolen Ford automobile, and appeals.

1. The section defining the offense (Gen. Stat. 1915, § 3465) covers the receiving of embezzled goods, and refers to the four preceding sections relating to embezzlement. The suggestion is made that it is intended to reach only cases where the original offense was perpetrated by one acting in a fiduciary capacity. We do not regard the statute as open to that interpretation. The information is also criticised because it.does not allege where the original…