Reese v. State
Reese v. State
Opinion of the Court
The defendant was charged and convicted of knowingly receiving stolen goods (Code Ann. § 26-2620) on November 26, 1965. On appeal, she contends there is a fatal variance between the allegations and proof for the reason that the accusation against the principal thief, which was introduced in evidence, shows that the latter did not steal the property until November 27, 1965. The guilt of the principal thief is an essential element of the crime of receiving stolen goods, but the conviction of the principal thief is not. While the State must prove a conviction of the principal thief, if he is known and can be apprehended, as a condition precedent to proceeding against the alleged receiver of stolen goods, such proof is only prima facie establishment of the guilt of the principal tlieif. After proof of the conviction, his guilt, including the date of the offense, is in issue. There is sufficient evidence in this record to show that the principal thief was guilty of the theft of the goods received by the
Judgment affirmed.
Reference
- Full Case Name
- REESE v. State
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- Published