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2 Shan. Cas. 559

State v. Webb

Tennessee Supreme Court

Decided December 15, 1877

Tennessee Supreme Court · decided 1877-12-15

<p>(S. C., 2 Leg. Rep., 24, 25.)</p> <p>INDICTMENT. Ear receiving- stolen property must aver name of owner.</p> <p>In an indictment for receiving stolen property the ownership ■should be averred, unless unknown, and then this fact should be stated. [See Code, secs. 6549, 6550, and notes.]</p>

Decided 1877-12-15

JÍREemaw, J.,

¶1delivered the opinion of the court:

¶2The judgment should have been arrested in this ease, or the indictment in second count have been quashed. The prisoner was convicted on this count for receiving stolen property. It charges simply the receiving the goods of another, without saying whose property had been stolen, nor excusing this by stating the owner to have been unknown. The ownership should be averred, unless it be, in fact, unknown, and then this fact be stated. Proof of *560receiving the stolen goods of any person in the county might have been introduced under this count. This cannot be allowed. -The judgment will be reversed and remanded for a new indictment.

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