State v. Swarens

JAMES T. BLAIR, 0. J.

(concurring) .-I. Instruction 1, summarized in the opiniQn of HIGBEE, J., con tains about the usual formula employed in this State, with the approval of this court, respecting the effect of the appearance in a larceny case of a showing that the accused was found in the exclusive posses-si on of recently stolen property. The ** soundness of the doctrine of this court which authorizes instructions of the kind is- open to the gravest doubt. The rule now in force is well illustrated in State v. Kelly, 73 Mo. 608. In that case an instruction was approved which reads as follows…