NED LONG
v.
STATE OF FLORIDA
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The Florida Supreme Court affirmed a conviction for receiving and concealing stolen goods, holding that the evidence sufficiently proved the defendant's guilt. The court found that the defendant received goods knowing they were stolen, even though the initial taking was by an employee without authority.
Yes, the evidence sufficiently proved the defendant's guilt. The court held that the defendant received the goods knowing they were stolen.
“The evidence sufficiently proves defendant's guilt as charged.”
Establishes the court's conclusion on the sufficiency of the evidence.
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Join FLexlaw to unlock all legal intelligenceAn employee of a goods owner took goods from the owner's warehouse without authority and placed them in the defendant's automobile. The defendant was …
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Appellant was convicted on a charge that he did receive and aid in the concealment of stolen goods and chattels, well knowing that they had before that been stolen, and was sentenced to five years imprisonment in the State penitentiary. The evidence shows that an employee of the owner of the goods took them without authority from the owner’s warehouse and put them in defendant’s automobile with the guilty knowledge of the defendant who unlawfully took the goods away.
The evidence sufficiently proves defendant’s guilt as charged. When the employee moved the goods from the owner’s warehouse and put them in defendant’s car knowing he had no authority or right to do so and with intent to deprive the owner of the goods unlawfully, he was then a trespasser and committed larceny of the goods, and the defendant received them knowing they were stolen goods. Metcalf v. State, 98 Fla. 457, 124 So. 427; 32 Am. Jur. p. 964, Sec. 59.
Other questions presented have been duly considered and no reversible error is made to appear.
Affirmed.
BROWN, C. J., WHITFIELD, BUFORD and ADAMS, JJ., concur.
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Citator
Cited By
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Ned Long v. State, 151 Fla. 326 (Fla. 1942)…rendered against the appellant Ned Long by the Judge of the Court of Record of Escambia County, Florida on the 19th day of March, 1942, be affirmed upon the authority of the judgment and opinion of this Court in the companion case of Long v. State, 150 Fla. 715, 8 So. (2nd) 660. Affirmed. BROWN, C. J., WHITFIELD, BUFORD and ADAMS, JJ., concur.…
Authorities Cited
- Metcalf v. State, 98 Fla. 457 (Fla. 1929)