State v. Malvarosa

Citations

• 30 Del. 451
• 7 Boyce 451
• 108 A. 95
• 1918 Del. LEXIS 55

Syllabus

<p>1. Receiving stolen goods—Essentials.</p> <p>Under Rev. Code 1915, § 4741, denouncing the offense of receiving stolen goods, it is necessary for the state to show beyond a reasonable doubt that the goods were stolen, that they were the property of a third person, and that, when defendant bought or received them, he knew the goods were stolen.</p> <p>2. Receiving stolen goods—Evidence of knowledge.</p> <p>Knowledge that goods were stolen, may cone from declarations made at the time, or from the circumstances surrounding, the transaction, and the jury may consider the circumstances in determining whether defendant had knowledge that the goods were stolen.</p> <p>3. Criminal law—Presumption as to intelligence.</p> <p>A defendant, charged with receiving stolen goods, is presumed to have reasonable intelligence.</p> <p>4. Receiving stolen goods—Duty of pawnbroker to keep books.</p> <p>Rev. Code 1915, § 1200, makes it the duty of a pawnbroker or junk dealer to keep books containing a list of all property purchased, and where a junk dealer, charged with receiving stolen goods, did not enter the goods in his books that fact may be received in determining whether he received the goods innocently.</p> <p>5. Receiving stolen goods—Evidence of possession.</p> <p>Mere possession of stolen goods, standing alone, does not establish knowledge or guilt; but it is a circumstance to be considered in connection with the whole case.</p>