State v. DeGina

ERWIN, Judge.

The initial question raised by defendant is whether the presumption in our State that one who is found in the possession of a forged instrument and is endeavoring to obtain money or advances upon it either forged or consented to the forging of the instrument, violates due process of law. We hold that it does not.

The presumption, or more properly labeled the inference, questioned by defendant was thoroughly examined by our Supreme Court in State v. Morgan, 19 N.C. 348 (1837). In upholding the validity of a conviction based on the inference, Chief Justice Ruffin, speaking for the…