Opinion
11-10-1913
STATE v. GOLT et al.
Armon D. Chaytor, Deputy Atty. Gen., for the State. Robert G. Harman, of Wilmington, for defendant Golt. Walter J. Willis, of Wilmington, for defendant McDermott.
Indictment against Mary E. Golt and another for receiving and concealing stolen goods, to wit, money. The jury disagreed.
Argued before WOOLLEY and RICE, JJ.
Armon D. Chaytor, Deputy Atty. Gen., for the State. Robert G. Harman, of Wilmington, for defendant Golt. Walter J. Willis, of Wilmington, for defendant McDermott.
RICE, J. (charged the jury in part as follows). For you to find a verdict of guilty against the defendants you must find from the evidence (1) that the coins were stolen, (2) that the coins were the property of the Wilmington & Philadelphia Traction Company, (3) that the defendants knew at the time they received or concealed the coins that they were stolen, (4) that the property received or concealed was the property, or a part of the property, that was stolen, and that the same was received or concealed by the accused with a felonious intent, that is, with an intent either to convert them to their own use or an intent that the receipt and concealment should operate to the advantage of the thief.
If you should believe from the evidence that Homer C. Wiggitns brought bags of stolen money to the house where the defendants lived, and buried them or any of them upon the premises, where they were afterwards found by the police officers, without assent, acquiescence, or participation of either of the defendants, the defendants should be acquitted on the charge or indictment of receiving or concealing the coin. If, however, the defendants or either of them knew the money was stolen and was buried in their yard by Homer C. Wiggins, or the facts and circumstances with which they were conversant were such as to reasonably charge them with further concealing or preventing the discovery of the stolen coins by proper authorities or persons, then they may be held, under the statute, constructively to have concealed the same and be found guilty if you believe the evidence warrants it.
The jury disagreed.