Bise v. United States

Citations

• 144 F. 374
• 74 C.C.A. 1
• 1906 U.S. App. LEXIS 3847

Syllabus

<p>1. Receiving Stolen Goods — Criminal Intent — Sufficiency of Indictment Under Section 5357, Rev. St.</p> <p>Under'section 5357 of the Revised Statutes [U. S. Comp. St. 1901. p. 3639], providing for the punishment of one who receives property, which has been feloniously taken or stolen from another, knowing the same to have been taken or stolen, it is not essential to allege in the indictment that the property was received without the consent of the owner or with intent to deprive him of its use and benefit, the criminal intent and evil purpose of the receiver being sufficiently alleged where his act is characterized as unlawful and felonious. •</p> <p>[Ed. Note. — For cases in point, see vol. 42, Cent. Dig. Receiving Stolen Goods, § 10.]</p> <p>2. Witnesses — Incompetency—Prior Conviction Can be Shown Only by Record or Exemplified Copy.</p> <p>In the absence of a controlling statute on the subject, the incompetency of a witness by reason of his prior conviction of a felony cannot be shown upon his examination, but only by the production of the record or an exemplified copy of it.</p> <p>[Ed. Note. — For cases in point, see vol. 50, Cent Dig. Witnesses, §§ 1161, 1162:]</p> <p>3. Same — Incompetency of Codefendant — Waiver if Objection is Not Made.</p> <p>Where no objection to the testimony of a codefendant on the ground of his incompetency as a witness is. made when he is sworn or at any time during the trial, the objection is waived.</p> <p>[Ed. Note. — For cases in point, see vol. 14, Cent. Dig. Criminal Law, § 1629; vol. 50, Cent. Dig. Witnesses, §§ 190-192.]</p> <p>(Syllabus by the Court)</p>