Bracken v. Commonwealth
Bracken v. Commonwealth
Opinion of the Court
'Opinion oe the Court by
Possession of personal property is prima facie, though not conclusive, evidence of ownership in the person in possession, and may
Hence what was done and said by Hourigan, of whom appellant .received the stolen property, at the time the exchange was made, is competent as a part of the transaction, and as a circumstance to illustrate the animus of the party.
The rejected evidence may have had more or less influence upon the jury favorable for appellant, and as he was deprived of the benefit thereof by the ruling of the court he was prejudiced to that extent.
"Wherefore, the judgment is reversed, and the cause remanded with directions to set aside the verdict and judgment, and to •award a new trial to appellant and for further proceedings consistent herewith. '
Case-law data current through December 31, 2025. Source: CourtListener bulk data.