Kimsey v. State

Sognier, Judge.

1. Burglary. Kimsey contends that the trial court’s charge on recent, unexplained possession of stolen property was confusing, created a mandatory presumption and shifted the burden of persuasion to appellant. The trial court charged the jury as follows: “Where a burglary has been committed and soon thereafter goods from the burglarized premises are found in the possession of one who is unable to account for their possession, it raises the presumption of his guilt and a verdict of guilty is authorized.” The court also charged the jury that this presumption is rebuttable. This…