In Re Flaherty

CURTIS, J.

Petitioner claims that she is' illegally imprisoned and restrained of her liberty by the sheriff of the county of Los Angeles. She bases the illegality of her imprisonment upon the following state of facts: Petitioner was accused by information in proper form of the crime of receiving stolen property. Upon trial the jury rendered the following verdict: “We, the jury in the above-entitled cause, find the defendant guilty of receiving stolen property as charged in the information.” Petitioner thereupon moved the court for her discharge, which was denied. Thereafter said court rendered a judgment of conviction against her upon said verdict.

It is now urged on behalf of petitioner that the verdict is not sufficient to support the judgment of conviction, in that, while it finds her guilty of receiving stolen property, it fails to find the truth of the other necessary elements of the crime charged in the information—the defendant’s knowledge of the theft, and that the property was received by her for her own gain or to prevent the owner from again possessing it. Petitioner argues that the receiving of stolen property is not a crime without the person receiving it knew at the time of its receipt that it had been stolen and received it either for his own gain or to prevent the owner from again possessing it, and that as the jury only found her guilty of receiving stolen property it had not found her guilty of any crime whatever.

Petitioner relies upen the case of

People

v.

Tilley,

135 Cal. 61 [67 Pac. 42], as sustaining her contention. In this case

[212]

the verdict was: “We, the jury'in the above-entitled case, find the defendant, Charles H. Tilley, guilty of receiving stolen property,” and the supreme court, in reversing the case and discharging the defendant, held as follows: “It cannot be said, therefore, that the verdict unequivocally finds the defendant guilty of the offense charged or that it expresses an intent to do so.” It will be observed that the verdict in the case of

People