State v. Sutton

PEB CUBIAM.

Defendant was convicted of armed robbery. An estimated $50 to $60 had been taken from a gasoline station.

At the time of his arrest, defendant had in his possession $40.50. This fact was admitted in evidence over objection. The only issue is whether admittance of the above evidence was error. Defendant .argues it was, on the ground that possession of the money by itself does not lead to an inference he was the thief. The state argues such evidence is admissible as one circumstance, among others, that can lead to an inference of guilt.

In State v. Hunter, 235 Or 308, 384 P2d 983…