People v. Gessinger

I concur in the conclusion reached by Mr. Justice Bird. In my opinion the charge of receiving stolen property was not that of a lesser offense. The statute (3 Comp. Laws 1915, § 15758) provides that such a count may be added when larceny is charged. The verdict must, however, point out the crime of which the defendant is found guilty. People v. Shaw, 57 Mich. 403 (58 Am. Rep. 372). The statute does not contemplate that the same person can be both thief and receiver. In re Franklin, 77 Mich. 615. The defendant was charged with distinct offenses in separate counts. A conviction on one worked an…