BRANT HAYWARD AND VANCE HAYWARD
v.
STATE OF FLORIDA
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Brant and Vance Hayward were convicted of knowingly receiving and concealing stolen automobile wheels and tires worth $100. The Florida Supreme Court affirmed their convictions, rejecting challenges to the validity of search warrants, the sufficiency of evidence of guilty knowledge, and the admission of collateral evidence.
The court affirmed the convictions, holding that: (1) the trial court did not commit reversible error in denying the motions to quash and suppress the evidence; (2) the testimony was sufficient to sustain the verdict, as the defendants' possession of recently stolen property, combined with evidence of agreement to receive stolen goods and suspicious circumstances, was sufficient for a jury to find guilty knowledge; (3) a tire dealer's testimony adequately established the true value at approximately $75, contrary to the $10 price defendants paid; and (4) evidence of other stolen items was admissible to show a course of criminal conduct.
“The possession of goods recently stolen does not raise a presumption, as a matter of law, of the guilt of the possessor, but the presumption arising therefrom is purely a matter of fact to be passed upon by a jury.”
Establishes the legal standard that guilty knowledge is a factual question for the jury, not a legal presumption arising from possession.
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Join FLexlaw to unlock all legal intelligenceThe defendants were charged with buying, receiving, and aiding in the concealment of four automobile wheels and tires belonging to J. Moore, knowing t…
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The appellants, Brant Hayward and Vance Hayward, were informed against in the Circuit Court of Putnam County, for crime of buying, receiving, and aiding in the concealment of four automobile wheels and tires of the value of $100.00, property of J. Moore, well knowing that the aforesaid property had been stolen. The defendants were arraigned and entered pleas of not guilty, placed upon trial and by a jury of Putnam County found guilty. The trial court sentenced each to serve a period of five years at hard labor in the State Prison, and an appeal therefrom has been perfected to this Court.
Prior to arraignment, defendants below moved the trial court to quash the information against them and to suppress certain evidence based on search warrants issued by a magistrate authorizing the search of described property of the defendants on grounds: (1) the information before the magistrate when issuing the search warrants was legally insufficient to establish probable cause; (2) the unlawful issuance of the warrants, the search of the homes and business property of the defendants thereunder, the seizing of alleged stolen property therein and taking them into custody *610were violative of their constitutional rights; (3) the description of the homes and business property of the defendants was fatally defective; (4) the property seized during the search was not authorized by either of the search warrants. Attached to the motions and made a part thereof were the several affidavits before the magistrate when issuing the warrants, inclusive of the sheriff’s return thereon. Separate motions of the defendants to quash and suppress were filed and contained similar grounds as set forth supra. The order or orders of the trial court denying each of the motions' are argued as error in this Court. Counsel contends that Cooper v. State, 106 Fla. 254, 143 So. 217, and Gildrie v. State, 94 Fla. 134, 113 So. 704, and authorities cited from other jurisdictions, sustain their position.
The search warrants were issued on affidavits then before the magistrate. Two of the affidavits are set out in the record, while the others are only referred to. The contents of the affidavits have been considered in connection with the applicable statutes. See Sections 8500 to 8518 C.G.L. The cited cases supra have been examined. It has not been made to appear that the trial court committed reversible error in entering the order or orders denying the motion to quash and to suppress the evidence. This ruling answers appellants’ questions one and two.
Counsel for appellants by their third question challenge the legal sufficiency of the evidence adduced on the part of the prosecution to sustain the verdict and judgments entered in the lower court. The burden of proof under the law was on the prosecution to establish beyond a reasonable doubt that the defendants knew that the described goods were stolen, or had knowledge of such facts as would put a man of ordinary intelligence and caution on inquiry as to their stolen character and whether or not the knowledge that the property was stolen is a question of fact for a jury under appropriate instructions. See Lawson v. State, 125 Fla. 335, 169 So. 739. The possession of goods recently stolen does not raise a presumption, as a matter of law, of the guilt of the possessor, but the presumption arising therefrom is purely a matter of fact to be passed upon by a jury. See *611Tidwell v. State, 143 Fla. 397, 196 So. 837; Carlton v. State, 108 Fla. 34, 145 So. 249; Kilcrease v. State, 96 Fla. 264, 117 So. 862; Bellamy v. State, 35 Fla. 242, 17 So. 560.
Witnesses for the State testified as to an agreement with the defendants to deliver to them stolen property and it was agreed that the property should not be stolen within the area of 150 miles about Plant City. The stolen property was found in the possession of the defendants, and a witness testified that the tires were delivered to defendants at Palatka and the defendants paid $10.00 for property shown to have been worth considerably more. The defendants went from Plant City to Palatka pursuant to a telephone call and received the stolen property. The defendants denied this testimony when on the witness stand and thereby the issue became a jury question. We hold that the testimony is sufficient to sustain the verdict. This answers questions three and four of appellants.
It is next contended that the testimony was insufficient to establish the value of the tires at the sum of $75.00. The State called as a witness a dealer of tires who examined the alleged stolen tires and gave testimony as to their value. While it is true that the appellants paid $10.00 for the tires, the true value was considerably more, as shown by the State’s testimony. We hold that the contention is without merit.
When one of the appellants was on the witness stand he testified that he “did not want anything (property) that was stolen.” The trial court sustained a motion by the State to disregard in their deliberation the aforesaid statement and this ruling is the basis of the sixth question of appellants. In considering other portions of testimony, it is a deductible inference, that the appellants were honorable and law abiding citizens. While this adverse ruling may be technically erroneous, considering the ruling in the light of the entire record, it cannot be said that the ruling was harmful.
During the progress of the trial the State, over the objection of counsel for appellants, adduced in evidence a suit of clothes, a shot gun, a fishing rod, and possibly a camera, and the contention is made that the information charges a guilty knowledge of only four wheels and tires and that the *612court erred in admitting the articles into evidence not described in the. information. The identity of the tires, if believed by the jury, and other articles alleged to have been stolen, although not described in the information, was admissible on the theory that these articles established a line of conduct or course of business activity that could be considered by the jury with other testimony in reaching a verdict, under appropriate instructions. We fail to find error in this ruling. .
We have given careful consideration to questions 8, 9, and 10 propounded by counsel for adjudication by this Court and hold that-each is without merit. We fail to find error in the record and accordingly the judgments appealed from are hereby affirmed.
Affirmed.
BUFORD, C. J., TERRELL and ADAMS, JJ., concur.
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State v. Graham, 238 So. 2d 618 (Fla. 1970)…for review a decision of the Third District Court of Appeal (Graham v. State, 229 So. 2d 616), which allegedly conflicts with prior decisions of this Court (Ard v. State, 108 So. 2d 38; Tidwell v. State, 143 Fla. 397, 196 So. 837; Hayward v. State, 152 Fla. 608, 12 So. 2d 458) on the same point of law. Fla.Const., art. V, § 4, F.S.A. The respondent-defendant was convicted of the offense of unlawfully, knowingly and feloniously buying, receiving or aiding in the concealment of certain stolen property, whic…
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Channell v. State, 107 So. 2d 284 (Fla. 2d DCA 1958)…ntly stolen does not as a matter of law raise a presumption of guilt of the possessor of knowingly receiving stolen goods, but the inference arising from such possession is purely a matter of fact to be passed upon by a jury. Hayward v. State, 1943, 152 Fla. 608, 12 So. 2d 458, and King v. State, 1946, 156 Fla. 817, 24 So. 2d 573. There was testimony that, immediately after his apprehension by a police officer, appellant concealed in a handkerchief certain rings shown to have been previously stolen from the…
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Spurgeon King v. State, 156 Fla. 817 (Fla. 1946)…circumstance of one being found in possession of recently stolen property is one which may be considered as showing a tendency toward guilt. See Fisk v. State, 138 Fla. 815, 190 So. 10; Tidwell v. State, 143 Fla. 397, 196 So. 837; Hayward v. State, 152 Fla. 608, 12 So. (2nd) 458. The court in the instant case gave the jury correct instructions as to what was essential to be proved in a case of this sort and, therefore, we think the contention is without merit. [*821] The Sixth question challenges the acti…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gildrie v. State, 94 Fla. 134 (Fla. 1927)
- Harrison v. Simpson, 106 Fla. 254 (Fla. 1932)
- Tidwell v. State, 143 Fla. 397 (Fla. 1940)
- Kilkrease v. State, 96 Fla. 264 (Fla. 1928)
- Carlton v. State, 108 Fla. 34 (Fla. 1933)
- Lawson v. State, 125 Fla. 335 (Fla. 1936)
- Bellamy v. State, 35 Fla. 242 (Fla. 1895)