Smith v. State

SUPPLEMENTAL OPINION

CAREY, Justice:

In our original opinion, 243 A.2d 719, we stated that no appeal had been taken from the larceny conviction, 11 Del.C. § 631. This statement was an error, caused by the failure of these briefs to mention the larceny case. The purpose of this supplemental opinion is to dispose of the appeal from the larceny conviction.

The two charges were tried together in Superior Court and were based upon the same evidence. The Court below included in its charge the customary language concerning the presumption arising from possession of recently stolen property. Despite…