[DOWNLOAD] "Currie v. Langston" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Currie v. Langston
- Author : Supreme Court of Montana
- Release Date : January 01, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
1. Receiving Stolen Goods รข€” Burden of proof. In prosecution for receiving stolen property knowing it to have been stolen, the burden is upon state to prove beyond reasonable doubt that defendant knew at time of purchase and receipt that property had been stolen. 2. Receiving Stolen Goods รข€” Evidence insufficient. Evidence that three cowhides purchased by defendant bore brands when bill of sale called for three unbranded cowhides which evidence was explained by corroborated testimony that hides were so frozen that they could not be examined was insufficient, by itself, to sustain conviction. 3. Receiving Stolen Goods รข€” Essential element of crime. Essential element of crime of receiving stolen property is that property was stolen by some one other than defendant. 4. Receiving Stolen Goods รข€” Larceny distinguished. Since larceny and knowingly receiving stolen property are separate and distinct crimes under our statute. 5. Criminal Law รข€” No conviction on conjectures. A defendant may not be convicted on conjectures, however shrewd, on suspicions, however justified, or on probabilities, however strong, but only upon evidence which establishes guilt beyond reasonable doubt. 6. Receiving Stolen Goods รข€” Conviction not sustained. Evidence was insufficient to sustain conviction for knowingly receiving three stolen cowhides.