CHAPTER 236 - OFFENSES AGAINST PRIVATE PROPERTY RELATIVE TO RECEIVING STOLEN GOODS AND PROVIDING PENALTIES

AN ACT TO AMEND CHAPTER 150 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO OFFENSES AGAINST PRIVATE PROPERTY BY MAKING RECEIVING STOLEN GOODS A MISDEMEANOR IN CERTAIN CASES; PROVIDING PENALTIES; PROVIDING FOR PROCEEDINGS WITHOUT INDICTMENT BY GRAND JURY OR TRIAL BY PETIT JURY IN CERTAIN CASES; VESTING JURISDICTION IN THE MUNICIPAL COURT OF THE CITY OF WILMINGTON, THE COURTS OF COMMON PLEAS AND THE JUSTICES OF THE PEACE IN CERTAIN CASES; PROVIDING ACCUSED SHALL NOT BE ENTITLED TO ACQUITTAL UPON TRIAL FOR FELONY BY PROVING OFFENSE MISDEMEANOR BUT THAT JURY MAY RENDER VERDICT OF MISDEMEANOR, FIXING VALUE OF GOODS; AND PROVIDING NO CRIMINAL PROCEEDING:COMMENCED PRIOR TO THE APPROVAL OF THIS ACT SHALL BE AFFECTED HEREBY.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each branch of the Legislature concurring therein):

SECTION 1. That Chapter 150 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing 5201 Section 21 and by inserting in lieu thereof the following new Section:

5201. Section 21. (a) Whoever shall buy, receive, or conceal any money, goods, or other things being the subject of larceny, to the value of Twenty-five Dollars ($25.00) or upwards, which shall have been stolen or taken by robbery, knowing the same to have been stolen or taken by robbery, shall be deemed guilty of felony, and shall be imprisoned not exceeding three years.

Whoever shall buy, receive, or conceal any money, goods, or other things being the subject of larceny, to the value of less than Twenty-five Dollars ($25.00) which shall have been stolen or taken by robbery, knowing the same to have been stolen or taken by robbery, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding One Hundred Dollars ($100.00) or imprisonment for a term not exceeding one year or both in the discretion of the court.

The Municipal Court of the City of Wilmington shall have concurrent jurisdiction with the Court of General Sessions to inquire of, hear, try, and finally determine all offenses under paragraph (b) of this section committed within the corporate limits of the City of Wilmington, and to punish all persons convicted of said offenses, or any of them, agreeable to the laws of this State. The Courts of Common Pleas for the respective counties of the several Justices of the Peace shall have like concurrent jurisdiction to inquire of, hear, try, and finally determine all such offenses, except those committed within the corporate limits of the City of Wilmington, and to punish all persons convicted of said offenses, or any of them, agreeable to the laws of this state.

The proceedings under paragraph (c) of this section shall be without indictment by Grand Jury, or trial by petit jury; provided, however, that every person convicted of the misdemeanor under paragraph (b) hereof in any Court of Common Pleas, in any Magistrate's Court, or in the Municipal Court of the City of Wilmington shall have the right to an appeal to the Court of General Sessions of the county. No such conviction or sentence shall be stayed pending appeal unless the person convicted shall give bond in an amount and with surety to be fixed by the Judge or Magistrate before whom such person was convicted, at the time such appeal is taken. Such appeal shall be taken and bond given within five (5) days from the time of conviction.

Upon the trial of any person for any felony under this act, the accused shall not be entitled to an acquittal upon proof that the money, goods, or other things being the subject of larceny, are under the value of Twenty-five Dollars ($25.00), but it shall be lawful for the Jury to acquit of the felony and to find a verdict of guilty against the person indicted of the offense described in the indictment as a misdemeanor if the evidence shall warrant such finding; and when such verdict shall be found, the court shall impose a fine on the person so found guilty of a misdemeanor, not exceeding One Hundred Dollars ($100.00), or shall imprison him for a term not exceeding one year or both in the discretion of the court.

In all prosecutions under this section the value of goods and other things being the subject of larceny shall be determined as is now or hereafter provided by law with respect to prosecutions for larceny.

SECTION 2. No criminal proceedings commenced prior to the date of approval of this act shall be in any manner affected by this act.

Approved February 14, 1941.