The two defendants were charged under section 28-508, R. R. S. 1943, with receiving stolen property with the intent to defraud the owner. The case was tried to the court sitting without a jury, and from a judgment of guilty and sentеnce thereon, the defendants appeal. We affirm the judgment and sentence of the district court.
The defendants’ first contention on appeal is, in essence, that the descriptive allegations in the information of the character of the goods received are so general as not to charge the statutory offense with the requisite certainty. Bеcause of this, they argue, the information was fatally defective and so their motion in arrest of judgment should have been sustained even though they had not attacked the information by demurrеr or motion to quash prior to trial.
The information provides in part as follows: “Sidney Abraham and Fud Ferris, Jr. * * * did * * * feloniously receive goods of the value of over $100.00 that had been stolen, with the intent to defraud the owner thereof, the said Sidney Abraham and Fud Ferris, Jr. knowing the goods to have been stolen.” (Emphasis supplied.)
An information can be challenged by way of a motion in arrest of judgment if it fails to state facts sufficient to constitute an offense. § 29-2104, R. R. S. 1943. However, the information in the instant case is phrased in substantially the identical language of the statute. The rule is
Since the information here, although phrased in general language, is sufficient to stаte an offense, the defendants’ challenge really goes only to the requisite certainty and particularity of the information for the preparation of their defense. It is not suсh a challenge as can be brought by way of motion in arrest of judgment. Instead, a motion to quash is the proper method of attack. § 29-1808, R. R. S. 1943; Matters v. State,
The defendants’ remaining contentions are addressed to the sufficiеncy of the evidence to sustain their convictions. The defendants first assert that the evidence will not support beyond a reasonable doubt a finding that the meat the defendants pоssessed was stolen.
It was found at trial that a trailer was stolen from the storage lot of the Iowa Beef Processors’ plant at Dakota City in the early morning of May 23, 1971. The trailer contained some 30,000 pounds of meat identified as 200 boxes of chuck tenders and 300 boxes of chuck rolls. On the late evening of May 27, or the early morning of May 28, 1971, the defendants were at the St. Christopher’s Inn in Valentine, Nebraska, which is owned by the defendant Ferris. It is undisputed that, while there, the defendants consummated a purchase of some 15,000 pounds of chuck rolls and chuck tenders, which normally sells for around 65 cents per pound wholesale, for 45 cents per pound. The defendants claimed at trial that the meat was bought from a truck driver who said his refrigeration unit was malfunctioning and, being unable to find storage facilities for the meat, was authorized by his superiors to sell at a loss. At any rate, the driver would accept only cash in payment for the meat and hаs not been heard from since.
The defendants initially stored the meat in the party room at the St. Christopher’s Inn, but, being unable to keep it properly cooled, they sold it the next day to William Joseph, the owner of the Corner Market located in Valentine. On June 3, 1971, the supervisor of security for Iowa Beef Processors, in response to a phone call from statе agent Vem Omer, went to the Corner
The evidence clearly establishes a chain of circumstances which reasonably leads to the conclusion that the meat which passed through the hands of the defendants was stolen. While the evidence was all circumstantial, a conviction may bе based upon circumstantial evidence when the facts and circumstances tending to connect the accused with the crime charged are of such conclusive nature as to exclude to a moral certainty every rational hypothesis except that of guilt. State v. Morgan,
The defendants’ final contention is that there was insufficient evidence to establish guilty knowledge on the part of either defendant. Defendant Ferris is 40 years of age and the defendant Abraham is 43 years of age. Both are experienced businessmen. They were
apрroached on business in the middle of the night by a man they did not know and they made no attempt to ascertain his identity or who he worked for. They bought the meat at a price substantially below the going rate and, at the insistence of the unidentified vendor, paid in cash. No bills of lading were checked by the defendants; no bill of sale was made out; and no receipt was given for thе cash paid. In a prosecution for receiving stolen property, when facts known to a defendant were such that a man of the age, intelligence, and experiencе of the defendant would know the property to have been stolen, the trier of fact may properly find the defendant possessed guilty knowledge. State v. Alcorn,
Perhaps even more significant and incriminating is the testimony in the record that Ferris, while talking to a police officer during the unloading of the meat, stated “We have been waiting for this damn truck for two hours.” The trial judgе was entitled to believe this testimony. It indicates clearly that the meat was delivered to the two defendants under a prior agreement. It indicates that the agreement was entered into prior to the actual arrival of the meat and that it was not an impromptu arrangement necessitated by an unanticipated mechanical failure. It not only indicates a prearranged sale at a significantly reduced price of the meat, but it also indicates the falsity of the defendants’ attempted explanation of how they came into рossession of the stolen goods. Both inferences are not only reasonable conclusions to be made by the trier of fact, but are highly pertinent under our relevant decisions tо the determination of intent. In conclusion, it may be said that everything connected with the sale of the meat involved in this case was of such a nature as to arouse the suspicions оf all but the most naive of men. We come to the conclusion that the evidence is amply sufficient to sustain the trial court’s finding that the
goods were stolen and that there was
The judgment of the district court is correct and is affirmed.
Affirmed.
