Territory of New Mexico v. Graves

Citations

• 17 N.M. 241

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. To sustain the prosecution of a prisoner for receiving goods, knowing them to be stolen four things must be proved:</p> <p>(1) That the goods or other things were previously stolen by some other person.</p> <p>(2) That the accused bought or received them from another person, or aided in the concealing of them.</p> <p>(3) That, at the time he so bought or received them, or aided in concealing them, he knew they had been stolen.</p> <p>(4) That he so bought or received them, or aided in concealing them, malo animo, or with a dishonest intent.</p> <p>2. The felonious receiving of stolen property, knowing the same to have been stolen, is a substantive offense, and distinct from larceny.</p> <p>3. One cannot at the same time be a principal in a larceny, and in a legal sense a receiver of the stolen property.</p>