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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1251   View pdf image (33K)
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CRIMES AND PUNISHMENTS 1251

this State; and provided further, that this section shall not apply to male
persons under the age of eighteen years.

Indictment under this section need -not aver that traverser is above eighteen years of
age. Indictment upheld. Foxwell v. State, 146 Md. 92.

This section referred to, in illustrating that the sub-division under which a statute
is codified is immaterial. See notes to sec. 34. Bowser v. State, 136 Md. 344.

An. Code, 1924, sec. 469. 1924, ch. 359.

547. Wherever any female shall be transported by any means, with the
intent to violate any of the foregoing three sections and the said intent
shall be followed by actual violation of any of the said sections, the Cir-
cuit Court of any County or the Criminal Court of Baltimore City shall
have full and absolute jurisdiction to try all offenses committed in viola-
tion of this sub-title, when such transportation or any part thereof shall be
offered, solicited, begun, continued or ended in such County or the City
of Baltimore.

Receiving Stolen Goods, Money or Securities.

An. Code, 1924, sec. 470. 1912, sec. 423. 1904, sec. 371. 1888, sec. 234. 1809, ch. 138, sec. 6.
1892, ch. 546. 1902, ch. 18. 1918, ch. 424. 1936 (Sp. Sess.) ch. 106, sec. 470.

548. Every person who shall be convicted of the crime of receiving any
stolen money, goods, or chattels, to the value of twenty-five dollars or up-
wards, knowing the same to be stolen, or of the crime of receiving any bond,
bill obligatory, bill of exchange, promissory note for the payment of money,
bank note, paper bill of credit, or certificate granted by or under the
authority of this State, or the United States, or any of them, to the value
of twenty-five dollars or upwards, knowing the same to be stolen, shall
restore such money, goods or chattels or things taken and received to the
owner thereof, or make restitution to the value of the whole or such part
thereof as shall not be restored, and shall be sentenced to undergo con-
finement in the penitentiary, or in the house of correction, or in jail, in
the discretion of the Court imposing sentence, for not more than ten years.
And such receiver may be prosecuted and punished, although the principal
offender or offenders shall not have been convicted, and although such
receiver shall have received such money, goods or chattels or things from
a person other than the person by whom such money, goods or chattels or
things shall have been stolen...

Receiving stolen goods is a misdemeanor. Indictment need not aver that the prop-
erty was feloniously received or for purpose of converting it to traverser's use, a pur-
pose to assist or aid the thief being sufficient if the goods are known to have been
stolen. Indictment should, however, charge that the goods' were unlawfully received.
This section merely prescribes the punishment for receiving stolen goods and does not
change nature of the offense. Effect of words "contra pacem." State v. Hodges, 55 Md.
138 (decided prior to act, 1892, ch. 546).

Indictment charging receipt of "four pieces of printed paper commonly called
United States 5-20 bonds of the issue of 1865, each of the value of one thousand
dollars current money," is defective in that it does not charge that the pieces of
printed paper were bonds or certificates of indebtedness issued or "granted by or
under the authority of the United States." Offenses created by this section and sec. 390
were unknown to common law—see notes to sec. 390. Kearney v. State, 48 Md. 23.

As to larceny, see sec. 387, et seq.

No new offense was created by act 1918; indictment need not allege name of thief
or person from whom property received. Henze v. State, 154 Md. 335.

Person convicted before Justice of Peace, having jurisdiction of offense (receiving
stolen goods of less value than $25.00), and while appeal is pending, cannot again be
put in jeopardy by indictment for same offense; improper for State to enter nolle
prosequi in appealed case without consent of defendant, and subsequent trial and con-
viction under indictment cannot stand. Friend v. State, 175 Md. 352.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1251   View pdf image (33K)
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