State v. Lewis

Decision Date17 October 1936
Citation187 S.E. 728
PartiesSTATE. v. LEWIS.
CourtWest Virginia Supreme Court
Dissenting opinion.

For majority opinion, see 187 S.E. 315.

For supplemental opinion of Judge McKENNA, see 188 S.E. 473.

HATCHER, President (dissenting).

I can add nothing to the logic of Judge MAXWELL, and would merely support it by a seemingly unbroken line of authority. "In all cases, knowledge at the time the goods are received that they have been stolen is absolutely essential; but knowledge may always be inferred from the circumstances, and is sufficiently shown if the circumstances proven are such as must have made the recipient believe they were stolen." Clark's Cr.Law (3d Ed.) § 109, pp. 381, 382. "It was not necessary for the state to prove that the defendant had per sonal knowledge of the larceny in the sense that he was present as a witness thereof. It was sufficient if the facts and circumstances known to. him were sufficient to satisfy him or cause him to believe the goods were stolen. In such cases belief is tantamount to knowledge within the meaning of the statute and such is the uniform holding of the courts." State v. Van Treese, 198 Iowa, 984, 200 N.W. 570, 571. Accord: Bishop on Cr.Law (9th Ed.) § 1138; Wharton's Cr.Law (12th Ed.) §§ 1231, 1232; 2 Brill Cyc.Cr.Law, § 930; Desty Am.Cr.Law, § 147-d; State v. Goldstrohm, 84 W.Va. 129, 134, 99 S.E. 248; Collins v. State, 33 Ala. 434, 73 Am.Dec. 426; Meath v. State, 174 Wis. 80, 182 N.W. 334; Ellison v. Com., 190 Ky. 305, 227 S.W. 458; State v. Druxinman, 34 Wash. 257, 75 P. 814; State v. Gargare, 88 N.J.Law, 389, 95 A. 625; State v. Frankel, 1 W.W.Harr. (31 Del.) 372, 114 A. 608; Bowers v. State, 196 Ind. 4, 146 N.E. 818; State v. Alpert, 88 Vt. 191, 92 A. 32, 33; Webb v. State, 19 Okl.Cr. 450, 200 P. 719; People v. Kohn, 290 Ill. 410, 125 N.E. 293; Henze v. State, 154 Md. 332, 140 A. 218; Birdsong v. State, 120 Ga. 850, 48 S.E. 329; Com. v. Leonard, 140 Mass. 473, 4 N.E. 96, 54 Am.Rep. 485; People v. Mullis, 200 Mich. 505, 166 N.W. 859; State v. Gordon, 105 Minn. 217, 117 N.W. 483, 15 Ann.Cas. 897; Frank v. State, 67 Miss. 125, 6 So. 842; State v. Richmond, 186 Mo. 71, 84 S.W. 880, 884; State v. Rountree, 80 S.C. 387, 61 S.E. 1072, 22 L.R A.(N.S.) 833; State v. Lewark, 106 Kan. 184, 186 P. 1002; Murio v. State, 31 Tex. Cr.R. 210, 20 S.W. 356.

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4 cases
  • State v. McGraw
    • United States
    • West Virginia Supreme Court
    • March 1, 1955
    ...have bought or received or aided in concealing the property with a dishonest purpose. See State v. Lewis, 117 W.Va. 670, 187 S.E. 315, 187 S.E. 728, 188 S.E. 473; State v. Smith, 98 W.Va. 185, 126 S.E. 703; State v. Goldstrohm, 84 W.Va. 129, 99 S.E. 248; State v. Dushman, 79 W.Va. 747, 91 S......
  • State v. Lewis
    • United States
    • West Virginia Supreme Court
    • October 17, 1936
  • State v. Lewis
    • United States
    • West Virginia Supreme Court
    • December 16, 1936
    ...Court of Appeals of West Virginia.Dec. 16, 1936. Concurring opinion. For majority opinion, see 187 S.E. 315. See, also, 187 S.E. 728. KENNA, Judge (concurring). The two dissenting opinions filed herein, particularly that filed by Judge HATCHER which relies upon a number of authorities as su......
  • State v. Lewis
    • United States
    • West Virginia Supreme Court
    • December 16, 1936
    ...LEWIS. Supreme Court of Appeals of West Virginia.December 16, 1936 Concurring opinion. For majority opinion, see 187 S.E. 315. See, also, 187 S.E. 728. Judge (concurring). The two dissenting opinions filed herein, particularly that filed by Judge HATCHER which relies upon a number of author......

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