164 N.E. 154 | Ill. | 1928
The grand jury of Adams county, at the January, 1928, term of court, returned an indictment against plaintiff in error (hereafter called defendant) containing four counts. The first three counts charged defendant with knowingly receiving an automobile which had been stolen, and the fourth count charged him with stealing the automobile. The property was described in the indictment as "a Buick brougham," and its value was alleged as about $1000. Defendant made a motion to quash the indictment, which the court overruled, and on a plea of not guilty being entered a jury was empaneled and the cause tried. The jury returned a verdict finding defendant guilty "of receiving stolen property, knowing the same to be stolen, for the defendant's own gain and to prevent the owner from again *151 possessing the same, in manner and form as charged in the indictment." The court overruled a motion for a new trial and in arrest of judgment and rendered judgment on the verdict. Defendant has sued out a writ of error.
Several interesting questions are raised by the assignment of errors, but in the view we take of the case it will be unnecessary to discuss all of them.
The indictment is not bad because it charged defendant with receiving stolen property and with larceny of the property. The two offenses charged in the indictment are separate and distinct offenses, so made by different sections of the Criminal Code. It requires more than a single transaction to constitute guilt of the two offenses. The same party cannot be guilty of stealing the property and also guilty of receiving it from himself. (Tobin v. People,
The judgment is reversed.
Judgment reversed. *152