State v. Longway, 26-78
| Docket Nº | No. 26-78 |
| Citation | 400 A.2d 1002, 137 Vt. 165 |
| Case Date | April 03, 1979 |
| Court | United States State Supreme Court of Vermont |
Page 1002
v.
David B. LONGWAY.
[137 Vt. 166] Mark J. Keller, Chittenden County State's Atty., and Thomas F. Garrett, Deputy State's Atty., Burlington, for plaintiff.
Page 1003
James L. Morse, Defender Gen., William A. Nelson, Appellate Defender, and David W. Curtis, Acting Appellate Defender, Montpelier, for defendant.
Before [137 Vt. 165] BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.
[137 Vt. 166] BILLINGS, Justice.
The defendant-appellant was charged with receiving stolen property in violation of 13 V.S.A. § 2561. Originally the defendant was charged with both receiving and concealing stolen property, but before trial the information was amended to charge only receiving. The case was tried before a jury. At the close of the State's evidence, the defendant moved for a judgment of acquittal on the ground that the State had not proven the offense by sufficient evidence. The trial court denied the motion and defendant appeals his conviction on the charge.
The defendant argues that the evidence was insufficient to support the conviction in three respects. He points out that there was no proof that he received the stolen property in Vermont, no proof that he received it from a wrongful possessor, and no direct proof of knowledge on his part that the property was stolen. The defendant also assigns as error one of the trial judge's instructions to the jury on the elements of the offense. Since we hold that a conviction for receiving stolen property cannot be supported in the absence of proof of a receiving within this jurisdiction, it is unnecessary to discuss the other claims of error.
The evidence disclosed that a 1974 Plymouth Trail Duster automobile was missing from a car dealership located in Newcastle, Maine, in March of 1976. Subsequently, the defendant and another man attempted to sell the automobile in Burlington, Vermont. At that time the car had the Maine car dealer's emblem attached to it and bore Maine dealer plates. The defendant and his associate removed the plates and advised their [137 Vt. 167] purchaser to keep the car hidden for a time. A sale at a price vastly below the market value was then consummated. No evidence was introduced as to who stole the car in Maine, or as to when and where the defendant came into possession.
Our statute establishing the punishment for, and the venue for trying a charge of, receiving...
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State v. Jones, 720
...occurred. 21 Am.Jur.2d Criminal Law § 366 (1981). See Moore v. Commonwealth, 523 S.W.2d 635 (Ct.App.Ky.1975); cf., State v. Longway, 137 Vt. 165, 400 A.2d 1002 3 As Judge Fairbanks stated: "I see no possible way of escaping the use of the word, 'county.' If the legislature had chosen to con......
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State v. St. Francis, 84-550
...See Vt. Const. ch. II, § 39; V.R.Cr.P. 12(b)(2); State v. Huginski, 139 Vt. 95, 97, 422 A.2d 935, 936 (1980); State v. Longway, 137 Vt. 165, 167, 400 A.2d 1002, 1003 (1979). * As noted above, the court would be without jurisdiction in this case if defendants are Indians and if the alleged o......
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State v. Saathoff, S-9457.
...in the concealment of stolen property" is not a continuing offense absent evidence of active continuing concealment); State v. Longway, 137 Vt. 165, 400 A.2d 1002, 1003 (1979) (no 28. See Saathoff, 991 P.2d at 1282-86. 29. AS 11.46.100 and AS 11.46.190 were part of the Alaska Revised Crimin......
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State v. Carter, 309-78
...assisted or counseled in the taking or maintenance of possession, actual or constructive, of the stolen property. State v. Longway, 137 Vt. 165, 167, 400 A.2d 1002, 1003 (1979); State v. Ballou, supra, 127 Vt. at 6, 238 A.2d at 662. But the State's evidence is deficient in this regard. Ther......
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State v. Jones, 720
...occurred. 21 Am.Jur.2d Criminal Law § 366 (1981). See Moore v. Commonwealth, 523 S.W.2d 635 (Ct.App.Ky.1975); cf., State v. Longway, 137 Vt. 165, 400 A.2d 1002 3 As Judge Fairbanks stated: "I see no possible way of escaping the use of the word, 'county.' If the legislature had chosen to con......
-
State v. St. Francis, 84-550
...See Vt. Const. ch. II, § 39; V.R.Cr.P. 12(b)(2); State v. Huginski, 139 Vt. 95, 97, 422 A.2d 935, 936 (1980); State v. Longway, 137 Vt. 165, 167, 400 A.2d 1002, 1003 (1979). * As noted above, the court would be without jurisdiction in this case if defendants are Indians and if the alleged o......
-
State v. Saathoff, S-9457.
...in the concealment of stolen property" is not a continuing offense absent evidence of active continuing concealment); State v. Longway, 137 Vt. 165, 400 A.2d 1002, 1003 (1979) (no 28. See Saathoff, 991 P.2d at 1282-86. 29. AS 11.46.100 and AS 11.46.190 were part of the Alaska Revised Crimin......
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State v. Carter, 309-78
...assisted or counseled in the taking or maintenance of possession, actual or constructive, of the stolen property. State v. Longway, 137 Vt. 165, 167, 400 A.2d 1002, 1003 (1979); State v. Ballou, supra, 127 Vt. at 6, 238 A.2d at 662. But the State's evidence is deficient in this regard. Ther......