People v. McFarland

SCHAUER, J., Concurring and Dissenting.

I concur in the majority’s formulation of the rule that “Where recently stolen property is found in the conscious possession of a defendant who, upon being questioned by the police, gives a false explanation regarding his possession or remains silent under circumstances indicating a consciousness of guilt, an inference of guilt is permissible and it is for the jury to determine whether or not the inference should be drawn in the light of all the evidence.” (Ante, p. 755.) I must dissent, *764however, (1) from the holding that Penal Code section 6541…