State v. Jewell

(dissenting) : I agree that the instruction as to the effect of possession of the stolen property or knowledge of its place of concealment was erroneous, but I think in this case it was not prejudicial. The defendant took the stand and made a statement undertaking to explain how he came to know where the stolen suit case was hidden. It is practically certain under the entire record, that he either stole the property himself, or that, as he claimed, his roommate stole it and told him about it. A case may readily be imagined where it would be the duty of the jury to consider whether the…