State v. Daly

The opinion of the Court was delivered by

Poché, J.

1. On his trial for larceny the accused asked the judge to give the following special charge to the jury:

“ If the property alleged to have been stolen, be taken by another person than the accused and out of the latter’s presence, but subsequently found in the possession of the accused, and if it be shown that he knew that the property was stolen, he may be convicted upon a charge of receiving stolen property, knowing the same to have been stolen, but should not be convicted of larceny.” He complains of the refusal of the judge to give the…