Hugo Black

“ It would be exaltation of technical precision to an unwarranted degree to say that the indictment here did not inform petitioner that he was charged with substantial elements of the crime of larceny thereby enabling him, as a means of cutting his sentence in half, to agree to plead guilty to an attempted larceny. Procedural requirements are essential constitutional safeguards in our system of criminal law. These safeguards should constantly and vigilantly be observed to afford those accused of crime every fair opportunity to defend themselves. ”

“ We agree with the New York courts that this petitioner had such notice and information. The fairness of the hearing afforded petitioner is not challenged.
There is close kinship between the offense of larceny and that of receiving stolen property knowing that it was stolen. When related to the same stolen goods, as here, the two crimes certainly may fairly be said to be 'connected with the same transaction' as the New York Court of Appeals noted in the Wachowicz case. ”

“ A person commits larceny under New York law if he 'unlawfully obtains or appropriates' an article, N.Y.Penal Law, § 1294; he violates the receiving of stolen property statute if he 'in any way * * * conceals, withholds, or aids in concealing or withholding * * * property, knowing the same to have bene stolen, or appropriated wrongfully in such a manner as to constitute larceny,' N.Y.Penal Law § 1308. ”