Legal Opinion

Goldstein v. . People of the State of N.Y.

New York Court of Appeals

Decided September 28, 1880PublishedCited by 19 opinions

Error to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming a judgment of the Court of General Sessions of the Peace, in and for the city and county of Hew York, entered upon a verdict convicting the plaintiffs in error of the crime of receiving stolen goods, with knowledge that they were stolen. The material facts appear in the opinion.

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Error to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming a judgment of the Court of General Sessions of the Peace, in and for the city and county of Hew York, entered upon a verdict convicting the plaintiffs in error of the crime of receiving stolen goods, with knowledge that they were stolen. The material facts appear in the opinion. The mere possession of stolen goods is evidence prima facie of neither stealing nor receiving. (Roscoe’s Crim. Ev. 92, 817; People v. Knickerbocker, 43 N. Y. 177; 2 Bishop’s Grim. Proc., chap. 47, § 988.) The…

1Opinion of the CourtDanforth, J.

The plaintiffs in error were husband and wife, and were convicted upon an indictment which charged that they, on the 17th of November, 1878, did receive certain cloth and other goods of Joseph Morris, by a certain person or persons to the jurors unknown, then lately stolen; the said Bernard and Anna knowing the said goods and chattels to have been so stolen. It was proven by satisfactory evidence that the goods were the property of Morris and had been stolen from him by some persons other than the prisoners. The theft was at once discovered, and upon instant search they were found in a small…

2Cases cited5 opinions

  1. State v. NelsonSupreme Judicial Court of Maine · 1849
  2. Cassin v. . DelanyNew York Court of Appeals · 1868
  3. Commonwealth v. TrimmerMassachusetts Supreme Judicial Court · 1805
  4. Seiler v. . the PeopleNew York Court of Appeals · 1879
  5. State v. BentzSupreme Court of Missouri · 1847

3Cited by19 opinions

  1. People v. . GalboNew York Court of Appeals · 1916
  2. Martin v. StateSupreme Court of Alabama · 1893
  3. People v. ColonNew York Court of Appeals · 1971
  4. People v. JacobsCalifornia Court of Appeal · 1925
  5. State v. GuildSupreme Court of Missouri · 1899

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