People v. Shurn

Lazer, J. (dissenting in part and concurring in part).

By its holding in this case, the majority is establishing a rule of law that a passenger’s presence in the front seat of a vehicle in which recently stolen goods are found in the rear is sufficient evidence—standing alone—to convict him of burglary and petit larceny relative to those goods. The rule finds support in only a minority of jurisdictions in this country.

In this State, there is no reported case where such a passenger has been convicted in the absence of strong additional evidence connecting him with the crime. The rule here is…