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State v. Beale

299 A.2d 921 (1973)

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State v. Beale

Maine Supreme Judicial Court

299 A.2d 921 (1973)

Facts

Mrs. Johnson entered the antique store belonging to Beale (defendant), noticed several items that had been stolen from her home several months earlier, and which bore her initials, and notified the police. Beale sold the items after having previously been instructed by a police officer not to do so. Beale was charged with knowingly concealing stolen property. At trial, Beale testified that he had purchased the items at different times from people whom he considered reliable and that he had receipts for many of the items. Beale also said that he was entitled to sell the items regardless of the police officer’s warning not to sell them. At the close of the testimony, Beale’s attorney requested that the following instruction be given to the jury: “(3) The fact that the Defendant was notified that the goods were stolen after they had been purchased and received and yet went ahead and sold them does not of itself make him guilty that he had a valid receipt for the goods and that he had lawful possession of them.” The court refused to give the requested instruction. Beale was convicted and he appealed.

Rule of Law

Issue

Holding and Reasoning (Weatherbee, J.)

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