CHAPTER XX.

 

RECEIVING STOLEN GOODS

 

CONTENTS

 

SECTION 1.  Receiving stolen goods defined

2.   The receiver need not intend profit or benefit

3.   Fraudulently detaining stolen goods

4.   Receiving part of a thing

5.   Punishment

6.   Common receiver of stolen goods—punishment

7.   Not necessary to aver or prove the conviction of thief.

 

1.  The receiving of stolen goods is, in contract or otherwise, the fraudulently taking, accepting of, detaining, keeping; concealing, or disposing of, the goods of another, stolen, embezzled or illegally extorted by any one, or aiding therein, whether the same were so stolen, embezzled, or so extorted within or without this kingdom.

 

2. It is not requisite in order to constitute the offense of receiving stolen goods, that the receiver should intend any profit benefit to himself

 

3. Whoever without fraud, obtains possession or control of goods, knowing them to be stolen, and afterwards fraudulently detains, keeps, conceals or disposes of the same, or aids therein, with the intent that the same shall not be restored to the owner, but that the owner shall be deprived and despoiled thereof or of the benefit thereof, is guilty of the offense of receiving stolen goods.

 

4. Receiving any specific part of the same thing that is stolen, is receiving stolen goods; as for example, a part of the carcass of a stolen animal, or a piece of a machine, broken in pieces after being stolen.

 

5.   Whoever is guilty of receiving stolen goods to the amount of one hundred dollars or more, shall be punished by imprisonment at hard labor not more than five years, and by a fine not exceeding five hundred dollars; and if it be to an amount less than one hundred dollars; he shall be punished by imprisonment at hard labor not more than two years, and by fine not exceeding one hundred dollars; Provided, however, if this is the first offense, and the convict shall make satisfaction to the party injured to the full value of the property, he shall not be subject to punishment by imprisonment for such offense. (1868, p. 37.)

 

6.  If any person is convicted of receiving stolen goods, after having been previously convicted of such offense, or is convicted at the same term of the court of three or more distinct acts of receiving stolen goods, he is a common receiver of stolen goods, an shall be punished by imprisonment at hard labor not more than years, and by fine not exceeding one thousand dollars.

 

7.  In any prosecution for receiving stolen goods, it shall not he necessary to aver nor on the trial to prove, that the person who stole the goods has been convicted.