Winton v. State
| Decision Date | 13 February 1924 |
| Parties | WINTON v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Dade County; Tom Norfleet Judge.
Robert Winton, alias Raoul Trudell, alias Robert Frederick, was convicted of an offense, and he brings error.
Reversed.
Syllabus by the Court
Circumstances charging knowledge that property received stolen, essential to conviction. It is essential to a conviction for receiving stolen property that the receiver shall have knowledge that the property was stolen at the time of its reception, or of such circumstances as would put a man of ordinary intelligence and caution on inquiry.
Conviction reversed in absence of showing that defendant knew character of goods. In a prosecution for receiving stolen property knowing it to have been stolen, where there is nothing in the evidence tending to show that defendant knew at the time of its reception that the property was stolen and there is no evidence of circumstances such as would have put him on inquiry, a judgment of conviction should be reversed.
L. A. Harris and G. C. McClure, both of Miami, for plaintiff in error.
Rivers Buford, Atty. Gen., and M. C. McIntosh Asst. Atty. Gen., for the State.
Upon an information filed against him in the criminal court of record for Dade county, the defendant, plaintiff in error here, was tried and found guilty. To review the judgment imposing sentence upon him writ of error was taken from this court.
The information contains four counts. The first charges the felonious having, receiving, and aiding in the concealment of certain Miramar Hotel bonds of the value of $700, knowing them to have been stolen. The second charges the defendant with feloniously having, receiving, and aiding in the concealment of certain other securities, which are particularly described, of the value of $1,500, knowing them to have been stolen. The third charges the larceny by the defendant of the Miramar Hotel bonds, and the fourth charges the defendant with the larceny of the securities described in the second count.
At the conclusion of the evidence the jury were instructed in effect that there was not sufficient evidence upon which to base a conviction upon counts 2 and 4 of the information. The verdict returned found defendant guilty as charged in the first count, found the value of the property to be more than $50, and found him not guilty as to the third count.
The only question presented is the sufficiency of the evidence to sustain the verdict of conviction.
The theft of the property in Dade county was sufficiently proved. Its possession by the defendant in the state of Iowa a...
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Taylor v. State, 70--403
...to charge him with having received them with knowledge of their stolen character. Minor v. State, 55 Fla. 90, 45 So. 818; Winton v. State, 87 Fla. 104, 99 So. 249; Stephenson v. State, 89 Fla. 351, 104 So. 600; Kemp v. State, 146 Fla. 101, 200 So. 368; 28 Fla.Jur., Receiving Stolen Goods § ......
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Tidwell v. State
... ... received it that the property was stolen, or that the ... circumstances of the transaction were sufficiently suspicious ... to put a person [143 Fla. 401] of ordinary intelligence and ... caution on inquiry.' Broxson v. State, 99 Fla ... 1187, 128 So. 628, 629. See Winton v. State, 87 Fla ... 104, 99 So. 249; ... [196 So. 839] ... Franklin v. State, 66 Fla. 213, 63 So. 418 ... In the ... case of Revels v. State, 68 Fla. 74, 66 So. 422, ... 423, it was said: ... ' ... In Bellamy v. State, 35 Fla. 242, 17 So. 560, we ... held as follows: ... ...
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Hamilton v. State
...on inquiry as to the stolen character of the money, goods, or property. Franklin v. State, 66 Fla. 213, 63 So. 418; Winton v. State, 87 Fla. 104, 99 So. 249; Hart v. State, 92 Fla. 809, 110 So. We think the information, while inartfully drawn, is sufficient to satisfy the rules laid down ab......
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State v. Graham, 39308
...63 So. 418 (1913); Worster v. State, 82 Fla. 463, 90 So. 188 (1921); Knowles v. State, 86 Fla. 270, 97 So. 716 (1923); Winton v. State, 87 Fla. 104, 99 So.2d 249 (1924); Stephenson v. State, Supra; Fisk v. State, In Ard v. State, Supra, relied upon by petitioner, the Court held that the jur......