Matthews v. State

Mississippi Supreme Court
Matthews v. State, 61 Miss. 155 (Miss. 1883)
Cooper

Matthews v. State

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

It was error to instruct the jury that where property has been stolen and is recently thereafter found in possession of a person, the law presumes him to bo the person by whom it was stolen. The most that can be said is that the fact of such possession may and ought to be considered by the jury in determining the question of guilt, and that where no reasonable and satisfactory explanation is given of such possession, the jury may from it infer guilt. Stokes v. State, 58 Miss. 677.

Reversed.

Reference

Full Case Name
Levi Matthews v. State
Cited By
4 cases
Status
Published
Syllabus
Larceny. Recent possession. Presumption. In the absence of satisfactory explanation, the jury may infer guilt from the possession of recently stolen property, but it is erroneous to charge that the law presumes the possessor to be guilty.