Palermo v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant insists in his motion that the testimony did not demonstrate the use of any diligence on the part of the grand jury to ascertain the name of the party from whom it is alleged appellant received the alleged stolen property, for the receiving of which he stands convicted in this case. Neither our statute nor the authorities hold that it is necessary for the evidence to so show, and unless there be an issue made by the accused in the development of the case upon this proposition, and it be shown that reasonable diligence was not in fact used, we…