CRM/LAW C144 Chapter Notes - Chapter PEOPLE V JAFFE: Larceny, Extortion
21 Jun 2017
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Underlying facts, the actual crime that took place. Indictment: on october 6, 1902, in the county of new york, the defendant feloniously received 20 yards of cloth, of the value of 25 cents a yard, belonging to the copartnership of j. w. Goddard & son, knowing that the said property had been feloniously stolen, taken, and carried away from the owners. Penal code 550: a person who buys or receives any stolen property knowing the same to have been stolen is guilty of criminally receiving such property. Convicted of an attempt to commit the crime charged in the indictment. The judgment of the appellate division and of the court of general sessions must be reversed, and the defendant discharged upon this indictment. No knowledge (since non-existent fact), although there might be a belief on his part that the fact existed . No man can know that to be so which is not so in truth and in fact.
