RECEIVER OF STOLEN GOODS In Criminal Law. By statutory provision, the receiver of stolen goods, knowing them to have been stolen, may be puunished as the principal, in perhaps all the United States.
2. To make this offence complete, the goods received must have been stolen, they must have been received by the defendant, and the receiver must know that they bad been stolen.
The goods received must have been stolen. A boy stole a chattel from his master, and after it had been taken from him in his mas ter's presence it was, with the master's con sent, restored to him again, in order that he might sell it to the defendant, to whom he had been in the habit of selling shnilar st,olen articles. He accordingly sold it to the defendant, who, being indicted for feloniously receiving it of an evil-disposed person, know ing it to be stolen, was convicted, a.nd, not withstanding objection made sentenced. Carr. & M. 217. But this case h'as since been held not to be law, and a defendant not to be liable to conviction under such circumstances, inasmuch as at the time of the receipt ale goods are not stolen goods. Dearsl. Cr. Cas. 463.
3. The goods stolen milk have been re ceived by the defendant. Prima facie, if stolen goods are found in a man's house, be, not being the thief, is a receiver. Per Cole ridge, J., I Den. Cr. Cas. 601. And though there is proof of a criminal intent to receive, and a knowledge that the goods were stolen, if the exclusive possession still remains in the thief, a conviction for receiving cannot be sustained. 2 Den. Cr. Cas. 37. So a prin cipal in the first degree, particeps criminis, rannot at the same tinie be treated as a re .3eiver. 2 Den. Cr. Cas. 459. Where a prisoner is charged in two counts with stealing and receiving, the jury may return a verdict of guilty on the latter count, if warranted by the evidence, although the evidence is also consistent with the prisoner having been a principal in the second degree in the stealing. Bell, Cr. Cas. 20. But a person having a joint possession with the thief may be con victed as a receiver. Dears!. Cr. Cas. 494. The actual manual possession or touch of the goods by the defendant, however, is not neces sary to the completion of the offence of re ceiving : it is sufficient if they are in the actual possession of a person over whom the defendant has a control, so that they would be forthcoming if be ordered it. Dearsl. Cr.
Cas. 494. Husband and wife were indicted jointly for receiving. The jury found both guilty, and found, also, that the wife received the goods without the control or knowledge of the husband, and apart from him, and that "he afterwards adopted his wife's re ceipt." It was held that this finding did not warrant the conviction of the husband. Dearsl. & B. Cr. Cas. 329.
4. It is almost always difficult to prove guilty knowledge ; and that must, in general. be collected from circumstances. If such cir cumstances are proved which to a person of common understanding and prudence, and situated as the prisoner was, must have satis fied him that they were stolen, this is suf ficient. For example, the receipt Of watches, jewelry, large quantities of money, bundles of clothes of various kinds, or personal pro, perty of any sort, to a considerable value, from boys or persons destitute of property and without any lawful means of acquiring them, and specially if bought at untimely hours, the mind can arrive at no other con clusion than that they were stolen. This is further confirmed if they have been bought at a n under-value, concealed, the marks de faced, and falsehood resorted to in accounting for the possession of them. Alison, Crini. Lau , 330 ; 2 Russell, Crimes, 253 ; 2 Chitty, Crir i. Law, 95] • 1 Fast & F. Cr. Cas. 51 ; 2 Den. Cr. Cas. 26'4. .
5. At common law, receiving stolen goods, knowing them to have been stolen, is a mis demeanor. 2 Russell, Crimes, 253. But in Massachusetts it bas been held to partake so far of the nature of felony that if a constable or other peace-officer has reasonable grounds • to suspect one of the crime of receiving or aiding in the concealment of stolen goods, knowing them to be stolen, he may without warrant arrest the supposed offender, and detain him for a reasonable time, for the pr. pose of securing him to answer a complaint for such offence. 5 Cush. Mass. 28].