Gaskin v. State

Quillian, Judge.

The appellant contends that the trial judge erred in charging the jury “where one is found in possession of stolen goods immediately after the theft, the burden to prove that his was not a guilty possession rests upon him.”

A state of confusion exists as to whether the quoted charge has application to the type of crime for which this defendant was indicted. One line of decisions holds that, while the charge would be appropriate as to the principal thief, it would not apply to one who is charged with receiving stolen goods. However, another line of cases in direct conflict…