State v. Walker
Supreme Court of Iowa
Appeal from Keoleule District Oowrt. On the 9th day of August, 1873, an indictment was presented against the defendant, for the crime of burglary. In August, 1874, on a trial before the court and a jury, he was found guilty and sentenced to three years’ imprisonment in the penitentiary, and adj udged to pay the costs of prosecution. Erom this judgment he appeals to this court. What is to be deemed recent possession depends largely upon the character of the property.
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Appeal from Keoleule District Oowrt. On the 9th day of August, 1873, an indictment was presented against the defendant, for the crime of burglary. In August, 1874, on a trial before the court and a jury, he was found guilty and sentenced to three years’ imprisonment in the penitentiary, and adj udged to pay the costs of prosecution. Erom this judgment he appeals to this court. What is to be deemed recent possession depends largely upon the character of the property. No inflexible rule can be applied. It is not true that, if stolen articles are found in possession of the accused, this fact…
1Opinion of the Court
Miller, Ch. J. —
The court, among other instructions to the jury, charged as follows: “If you find that the store of the witnesses, S. E. & John Johnson, was burglariously entered, about the night of the 3d of February, 1873, and a large quantity and variety of goods' stolen therefrom, and that the following June, different portions and variéties of the same goods were found in the premises of the accused, and you further find that the defendant has been unable to give any reasonable explanation of how he came by such possession, then such facts should be regarded by the jury as raising a…
2Cases cited3 opinions
- Engleman v. StateIndiana Supreme Court · 1850
- Jones v. PeopleIllinois Supreme Court · 1850
- State v. TaylorSupreme Court of Iowa · 1868
3Cited by3 opinions
- Hardage v. StateCourt of Criminal Appeals of Texas · 1977
- Boehm v. United StatesCourt of Appeals for the Second Circuit · 1921
- State v. BrightmanSupreme Court of Iowa · 1961