Aldrich v. People

Citations

• 101 Ill. 16
• 1881 Ill. LEXIS 43

Syllabus

<p>1. Criminal law—receiving stolen goods and concealing same for gain, etc.—proof necessary. . In order to convict, under sec. 239 of the Criminal Code, for receiving and aiding in concealing stolen goods for gain, or to prevent the owner from recovering the same, etc., it is essential, first, to show that the property alleged to have been received or concealed was in fact stolen; secondly, that the accused received the goods knowing them to have been stolen, guilty knowledge being an essential ingredient of the crime; and lastly, that the accused, for his own gain, or to prevent the owner from recovering the same, bought, received, or aided in concealing the stolen goods.</p> <p>2. Where the owner authorizes or licenses another to receive stolen goods, and such other person receives the goods from the thief knowing them to have been stolen, with a felonious intent, he will be guilty of a felony in receiving the property, notwithstanding the license.</p> <p>3. Same—receiving stolen property—must be with criminal intent. Where a defendant, on behalf of the owner, receives stolen goods from the thief, for the honest purpose of restoring them to the owner without fee or reward, or the expectation of any pecuniary compensation, and in fact immediately after obtaining their possession restores all he receives to the owner, and is not acting in concert or connection with the party stealing to make a profit out of the transaction, he will not be guilty, under the statute.</p>