Eldridge v. State

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

The defendant was indicted and convicted for receiving stolen property in the second degree. Alabama Code 1975, Section13A-8-16 (Amended 1977). Sentence was two years' imprisonment.

I

The defendant contends that Section 13A-8-16 (b)(2) creates a new crime and unconstitutionally shifts the burden of proof from the State to the accused.

Section 13A-8-16 (b)(2) provides that if a person "(p)ossesses goods or property which have been recently stolen * * * this shall be…