State v. Niehuser

The issues here are: (1) In order to prove a charge of theft (by obtaining or receiving) is it essential to prove that the property received was, in fact, stolen; (2) if so, does property cease to be stolen when recovered by the police; and (3) if so, can the receipt of such previously stolen property constitute the crime of attempted theft.

The police captured two burglars, Gilcrease and McSorley, and recovered the fruits of their crimes including two television sets taken from one home and a rifle taken from another home. Gilcrease told the police that they had planned to sell these items to…