People v. Clausen

Citations

• 120 Cal. 381
• 52 P. 658
• 1898 Cal. LEXIS 775

Syllabus

<p>Criminal Law—Receiving Stolen Goods—Evidence—Accomplice.—The testimony of the thief, as an accomplice, that the defendant accused of receiving stolen goods, knew at the time he purchased the goods that they were stolen, is sufficiently corroborated by circumstances tending, independently of his testimony, to show such guilty knowledge, such as the making of an insufficient description of them In his entry-book, in violation of an ordinance requiring a true and accurate description of each article purchased to be kept for the inspection of the police, a false statement to the officers taking the goods that he had no recollection of before seeing the man from whom he had purchased them, whereas he had a few days before purchased other articles from him, and the paying to him of only two dollars and a half for property worth between fifty and sixty dollars. ,</p> <p>Id.—Suspicion Putting upon Inquiry.—Whether the defendant knew that the goods were stolen is to be determined by all of the facts of the case, and he need not have heard the facts from eyewitnesses. He is required to use the circumspection usual with persons taking goods by purchase, especially when buying at greatly depreciated rates; and that which a man in the defendant’s position ought to have suspected he must be regarded as having suspected so far as was necessary to put him on his guard and on his inquiries. Guilty knowledge may be inferred from inadequacy of price, irresponsibility of the vendor or depositor, and other suspicious circumstances.</p> <p>Id.—Proof of Stealing of Property.—The testimony of the owner of the property that it was stolen from his room, and of the one who sold the property to the defendant that he was the one who stole it from the owner, would sustain a verdict for the larceny, and is sufficient to show that the property received by the defendant had in fact been stolen.</p> <p>Id.—Information.—Name of Thief—Idem Sonans.—The averment in the information of the name of the