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01/07/76 PEOPLE v. KYLLONEN

January 7, 1976

PEOPLE
v.
KYLLONEN



Appeal from Iron, Ernest W. Brown, J.

Leave to appeal applied for.

Danhof, P. J., and Quinn and D. E. Holbrook, Jr., JJ.

SYLLABUS BY THE COURT

1. Larceny -- Receiving Stolen Goods -- Exclusive Offenses.

A defendant convicted of larceny may not be convicted of receiving or aiding in the concealment of the stolen goods, but he may be prosecuted for both offenses and where he is not convicted of the theft he may properly be found guilty of receiving and concealing the goods even where he has confessed to stealing the goods.

2. Receiving Stolen Goods -- Elements of Crime -- Statutes.

The elements of the crime of receiving or aiding in the concealment of stolen property are: (1) the property was stolen, (2) the receiving or aiding in the concealment of the property by the defendant, (3) the identity of the goods as those previously stolen, (4) the value of the property and (5) the guilty knowledge of the defendant (MCLA 750.535; MSA 28.803).

3. -- Directed Verdict -- Evidence -- Reasonable Inferences.

The question to be decided on a motion for directed verdict of not guilty is whether there is evidence from which the jury can reasonably infer all of the elements of the crime charged.

4. -- Walker Hearing -- Voluntariness of Confession -- Reviewing Court -- Correctness.

The sole purpose of a Walker hearing is to determine the fact of voluntariness of an offered confession and a reviewing court is concerned only with the correctness of that determination.

5. -- Insanity Defense -- Instructions to Jury -- Preserving Question.

An issue of the propriety of a jury instruction on an insanity defense is not properly brought on appeal where there was no ...


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