103 S.W. 761 | Ct. App. Ind. Terr. | 1907
(after, stating the facts). The only question presented for consideration here is: On a trial for receiving stolen goods, is it competent for the government to introduce evidence tending to show that the defendant had subsequently, and within a short time, thereafter; received stolen goods from the same party, for '.the purpose of showing guilty knowledge or intent? It is conceded by counsel for plaintiff in error in their brief that evidence of prior offensek, under such circumstances, is competent; but it is contended that subsequent transactions would shed no light on prior events. Of course, as to the question of receiving stolen property, if it were shown
We think this question too well settled to need anything more than the citation of authorities. Here goods which had been stolen the night before they were found, were traced to the possession of the defendant, and were found intermingled with the goods received from the same thief which had been stolen only 12 days before, and for the receiving of which the defendant was on trial. Surely the possession of these goods, so recently after they had been stolen, shed light, in fact a most brilliant lustre upon the question of the defendant’s knowledge, and was as clearly competent as the proof of the fact that the goods stolen 12 days prior would have been had he been upon trial for receiving the goods stolen the night before they were found. When the object is to show system, subsequent as well as prior offenses, when tending to’ establish identity or intent, can be put in evidence. The question is one of induction, and the larger the number of consistent facts the more complete the induction is. The time of the collateral inculpatory facts is immaterial, provided they be close enough together to indicate that they are a part , of a system. Whart. Cr. Ev. § 38, “It is immaterial whether
There is nothing in the contention that the verdict is not supported by the evidence. The charge of the court was proper, clearly evidenced by the fact that the eminent counse for defendant took no exceptions thereto, and the testimony fully justified the finding of the jury that the defendant was guilty beyond a reasonable doubt.
The judgment of the court below is affirmed.