Gunther v. People

Citations

• 139 Ill. 526
• 28 N.E. 1101
• 1891 Ill. LEXIS 1238

Syllabus

<p>1. Receiving stolen.property-—guilt proven by circumstances. The evidence to show that a party charged with having received stolen property knowing it to be stolen, received the same from the person who stole it, need not be direct, but such fact may be proved by circumstances.</p> <p>2. In this case the facts and circumstances shown by the evidence are given, which are held sufficient to justify the conviction of the defendant for the crime of receiving a stolen watch knowing at the time that it was stolen.</p> <p>3. Possession of stolen property—presumption arising from. The possession of property recently stolen, not satisfactorily explained, is presumptive evidence that the possessor himself stole the same; but if he declares that he received such property from another person»whose name is unknown, this may be taken as sufficient evidence that he received it from the thief, rather than that he stole it himself.</p> <p>4. Same—false statements in explanation of—presumption from. Where a party indicted for receiving stolen property knowing it to have been stolen, makes false statements in attempting to explain his possession or how he got the property, the presumption will be that he could not truthfully make such explanation without inculpating himself.</p>