State v. Fritts

626 S.W.2d 713, 1981 Tenn. Crim. App. LEXIS 399
CourtCourt of Criminal Appeals of Tennessee
DecidedSeptember 30, 1981
StatusPublished
Cited by1 cases

This text of 626 S.W.2d 713 (State v. Fritts) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fritts, 626 S.W.2d 713, 1981 Tenn. Crim. App. LEXIS 399 (Tenn. Ct. App. 1981).

Opinion

OPINION

SCOTT, Judge.

The defendants/appellants, who are brothers, were charged in separate two count indictments with receiving and concealing stolen property valued at over $200.00. Both was convicted of concealing stolen property valued at more than $200.00. Each received a sentence of not less than nor more than three years in the state penitentiary. Each applied for probation which was denied to both. In their joint brief they have raised five issues. Because of our resolution of one of the issues, it is unnecessary to consider the others.

The appellants contend that the trial judge erred by limiting their proof of the fair market value of the stolen property by independent witnesses, thus depriving them of the right to have before the jury proof [715]*715that the transaction was not one which would place a reasonable person on notice that the property was stolen.

The stolen property to which both counts of each indictment related was a Pontiac Trans Am automobile engine, alleged to be valued at more than $200.00, and allegedly the property of Sherwood Chevrolet, Inc.

The state’s proof consisted of undercover investigators who purchased the engine from Eddie Fritts. Gary Fritts participated in the transaction by hauling the motor on the back of a wrecker from a warehouse to the service station where the transaction was consummated.

Both appellants testified and admitted the sale to the undercover agents. However, their theory was that they did not know that the motor was stolen. They contended that the motor was purchased from another man for a full and fair consideration, during the regular course of business at Edgemont Gulf Service Station, where Eddie Fritts also operated a wrecker service, auto repair shop, and salvage lot.

During the presentation of their case the appellants called Buford Gentry, who had been in the wrecker and used parts business for about eight years. First, Mr. Gentry testified as a character witness for each of the appellants. Then the following occurred as defense counsel sought to question Mr. Gentry about the fair market value of Pontiac motors in the Bristol area:

Q. Now, Mr. Gentry, do you from time to time buy used motors?
A. Yes, sir.
Q. Are you familiar with the fair market value of ’77, ’78 Pontiac motors in the Bristol area?
A. Well, I say that depends on, you know, person selling and the person buying.
Q. If one approached you and wanted to sell a—
GENERAL WELLS: Objection, Your Honor. That calls for a conclusion and I don’t think it’s ....
THE COURT: Sustained.
MR. MILLER: May I rephrase the question, Your Honor? I don’t—
THE COURT: Well, the issue is this particular motor involved in this case and in light of the testimony relative to the actual selling value, I’m going to overrule your — I’m going to sustain the State’s objection to this line of questioning.

In order to convict one for concealing stolen property, the state.must prove (1), that the goods were stolen; (2), that the defendant took possession of the goods; (3) with knowledge that they were stolen; and (4) that the goods were concealed. State v. Hatchett, 560 S.W.2d 627, 629 (Tenn.1978).

Tennessee follows the generally approved rule that proof of possession of recently stolen goods gives rise to the inference that the possessor has stolen them. Bush v. State, 541 S.W.2d 391, 394 (Tenn.1976). This inference is equally applicable to cases involving receiving stolen goods. Cook v. State, 84 Tenn. 461, 1 S.W. 254, 255 (1886).

The inference does not vanish when the defendant comes forward with an explanation. It remains to be weighed by the jury against the evidence offered by the defendant to explain his possession of the recently stolen property. The jury must weigh the explanation to determine whether it is satisfactory. The jury is not bound to accept or believe any particular explanation any more than it is bound to accept the correctness of the inference. Bush v. State, supra, at 395. The reasonableness of an explanation offered by one found in possession of recently stolen property is primarily a question for the jury to determine from all of the evidence, the fact of possession being usually but one item of proof. Cameron v. State, 546 S.W.2d 261, 263 (Tenn.Cr.App.1976).

Tennessee adheres to the objective test as to guilty knowledge, first enunciated in Wright v. State, 13 Tenn. (5 Verg.) 154, 159 (1833), restated in 2 Wharton’s Criminal Law and Procedure § 568, p. 281, cited in Tackett v. State, 223 Tenn. 176, 443 S.W.2d 450, 451 (1969):

[716]*716(T)he existence of guilty knowledge is to be regarded as established when the circumstances surrounding the receipt of the property were such as would charge a reasonable man with notice or knowledge or would put a reasonable man upon inquiry which if pursued would disclose that conclusion.

The possession must be explained in a straightforward, truthful way. The jury is the judge of the reasonableness of the explanation. Tackett v. State, Id., at 443 S.W.2d 453.

In order to present their theory to the jury, the appellants attempted, through Mr. Gentry, to show the fair market price of similar motors in the Bristol area. The trial judge’s ruling prevented the jury from hearing this testimony. As to the question of whether a stolen item is valued at more or less than $200.00, the trial judge’s observation was correct. The issue in that case is always, “What was the value of this particular item”? However, the issue here is guilty knowledge that the property was stolen. Our research has revealed no reported Tennessee case squarely in point. We must turn to other persuasive authorities for guidance.

Evidence of an inadequate purchase price for the stolen goods is admissible in behalf of the prosecution to show guilty knowledge. On the other hand, in order to prove lack of guilty knowledge, the accused may show that he paid a fair price for the goods. 76 C.J.S. (Receiving Stolen Goods) § 18e, p. 39.

In Andrews v. People, 60 Ill. 354, 356 (1871), the defendant, a secondhand clothing dealer, was indicted for receiving stolen goods consisting of various coats and shirts. The thief testified that he sold the goods to the defendant for about one-third of their value. The defendant offered proof that those engaged in the secondhand clothing business did not pay full prices for clothing; that they have to sell new clothing at the price of secondhand goods; and that when purchases are made late in the season they are made at reduced prices. The defendant offered two witnesses who were acquainted with the clothing trade, both the wholesale and secondhand branches. Their evidence was excluded by the trial judge. On appeal the Court noted that:

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Related

State v. Lawson
794 S.W.2d 363 (Court of Criminal Appeals of Tennessee, 1990)

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626 S.W.2d 713, 1981 Tenn. Crim. App. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fritts-tenncrimapp-1981.