Anderson v. State

Citations

• 38 Fla. 3

Syllabus

<p>1. Our statute (Rev. Stat., sec. 2451) which provides that “whoever buys, receives or aids m the concealment of stolen money, goods or property, knowing the same to have been stolen, shall be punished, etc., makes the buying and receiving of stolen goods, knowing the same to have been stolen, a substantive felony,</p> <p>2. Where the offense of receiving stolen goods is a substantive felony, it is not necessary in an information for such offense to state the name of the thief who stole the goods, nor the person from whom the same were received, nor that the names of such persons are unknown.</p> <p>3. An information which charges that the defendants “on the 30th day of December, A. D. 1895, in the county and State aforesaid, did have, receive and aid in the concealment of” certain goods described in the information, the property of one B. M. Baer, “well knowing that said property had before that been taken, stolen and carried away, contrary to the form of the statute,” etc., is fatally defective in not charging that the goods received by the defendants were stolen goods.</p> <p>4. In a prosecution for receiving stolen goods, the fact that the goods received by the defendants were stolen goods is an essential element of the offense with which they are charged, and should be directly alleged. It must not be left to infer, ence or conjecture from other facts which are stated.</p>