Eberhart v. State
Eberhart v. State
Opinion of the Court
OPINION OP COURT.
The following is taken, verbatim, from the opinion.
The question is: Does the statute require the jury to fix the value of an automobile in a case of conviction for concealing a stolen motor vehicle, knowing it to have been stolen? The only section of the Code requiring the jury to fix value in criminal cases, on conviction, is 13961 GC.
The plain reading of the section fixes but three kinds of offenses upon which it becomes necessary to fix value; first, offense against property by larceny; second, embezzlement; and third, obtaining property by false pretense. By no possible interpretation of this section could it be held to apply to concealing a stolen motor vehicle, knowing it to have been stolen. The offense is complete when the concealment, under the circumstances, is proved, whatever the value may be.
We are, therefore, of the opinion that it was not incumbent upon the jury to fix the value of the automobile in its verdict, judgment will he affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.