19 Iowa 144 | Iowa | 1865
I. The language of the statute is, that if any person aid in concealing any stolen goods, &c., knowing the same to be so obtained, he shall be punished, &c. (Rev., § 4246.) The act of April 7, 1862, ch. 121, p. 135, only makes the punishment depend upon the value of the property stolen, and hence the jury in this case found this value.
That the indictment is defective for not charging the felonious intent, though suggested in appellant’s brief, is not pressed in argument, as a closer examination shows that this intent is sufficiently charged.
IY. The same remarks are applicable to the seventh instruction, asked by defendant and refused. We think the court might properly enough have given it, but after all it partakes more of the-nature of an argument than an instruction. This practice of fighting battles over again in the instructions, of having repeated therein the illustrations, the theories and grounds therefor of the respective parties, needs no encouragement. On the contrary, as it only tends to confuse the jury, protract the trial, and render more uncertain the fair and just disposition of the cause, it should be checked, and courts should labor more and more to present the issues in a clear, single, plain, unincumbered manner.
VI. The statute punishes for aiding to conceal property obtained by burglary or larceny. If the prisoner is charged with thus aiding as to stolen’ property, proof that it was obtained by burglary is no defense. ' That the act of stealing was accomplished in the ■ manner of a burglary made it no less larceny; and if the party aiding knew of the larceny, but not of the burglary, he would be no less guilty.
The verdict'was in the following form: “We, the jury, find the defendant guilty of aiding in concealing the stolen property mentioned in the indictment, as oharged therein, and assess the value of 'the same at one thousand dollars.” This, it is claimed,: is a special verdict, and is therefore one of acquittal, as it fails to find either the scienter or intent.
The jury may render a general verdict, or if in doubt as to the legal effect of the facts proven, may find a special verdict. Upon’a plea of “not guilty,” a general verdict is “ guilty,” or “ not guilty,” which implies a conviction .or acquittal of every material allegation in the indictment. A special verdict is that by which the jury finds the facts only, leaving the judgment to the court. It must present the conclusions of facts, as established by the evidence, and not the.evidence to prove them, and these conclusions of fact must be so presented as that nothing remains to the court but to draw conclusions of law upon them.
Let us briefly refer tó a few of the cases cited by counsel, to show the clear distinction between them and the case at bar.
In Hunter v. The Commonwealth, 2 S. & R., 298, the defendant was found guilty of “keeping a disorderly house,” which was not alone an indictable offense. But will it be claimed that “ aiding to conceal stolen property,” as that offense, is named, and defined in the statute, .is -not
In Dyer v. Commonwealth, 23 Pick., 402, the .verdict found the prisoner guilty of using stolen goods, knowing them to be stolen, but not the goods mentioned in the indictment, or guilty in manner and form, &c., or anything equivalent, and this was held to be bad, because it did not find he had used the goods described in the indictment How unlike the two cases. Here it is expressly found that the prisoner aided “in concealing the stolen property mentioned in the indictment, as charged therein.”
In Commonwealth v. Call, 21 Pick., 509, the verdict was held defective, because it did not find that the offense was committed within the county charged in the indictment. But there were no words referring to the indictment, to the charge as therein contained or stated, but for aught that appeared, the finding might relate to some other time, or some other place. That verdict could only be sanctioned by intendment or implication, for an essential circumstance had been omitted by the j ury. In this case there is nothing left to intendment or implication.
In Wynn et al. v. The State, 1 Blackf., 28, the verdict was, “We, the jury, fine (naming the defendants) ten dollars each.” Here there was no finding of “guilty,” and upon the plainest principles it was held insufficient to authorize a judgment. If the case at bar was that, we should have no difficulty.
The case in 2 Strange, 1015 (Rex v. Francis), cited by counsel and referred to in most of the cases, differs essentially from, this, in that there the jury undertook to find specific facts, or their conclusions of facts, as established by the evidence, and the question was whether, upon the
6. ceimotai; coiíÍAiproperty: lowed!1' VIII. It is finally insisted with much earnestness and ability, that the testimony did not warrant the verdict. ^Referring to what is said on this subject in the case of St Clair (17 Iowa, 149), we remark that this verdict mider the rule there stated is clearly sustainable. The defendant, though spoken of by the witnesses as having a good character for honesty, was shown to be the keeper of a place where gambling was carried on, and to be a “ sporting man.” It was in this room that the stolen property was found. He was there at the time. There were some eighteen watches, some of them very valuable. They were all in a bag, and brought by Callendine, the thief, from their place of concealment in this room. They were examined by defendant, and another person, mutually selected by the parties, to appraise and to fix their value. About the time the officers of the law made their appearance, this property was returned to its place of concealment, in the same room, and defendant said to the officers, they had been doing nothing “ but having a game,” and yet there had been no gaming, or anything else other than a talk about, and the appraisement of this property. That he knew this property was stolen, the jury might well conclude from the amount and value of the same, the place and manner of keeping it, and the purpose and object of the parties in having it thus valued at 10 o’clock at night. In addition to this, one witness swears positively, that the witness said he knew the property was stolen, and yet he said no word to the officers about this property after they entered the room. They were left to find it without assistance from him. Take in connection with these facts the circumstances, that
Affirmed,