State v. King

POMEROY, Justice.

The use of the word “presumption” in instructions to juries continues to cause problems of the same type described in State v. Poulin, Me., 277 A.2d 493, 500 (1971). The problem most commonly arises when the instructions relate to the effect of a jury’s finding beyond a reasonable doubt that the defendant was found in exclusive possession of recently stolen goods.

Such is the situation here.

The problems discussed in Poulin are compounded when 17-A M.R.S.A. § 361(2) (enacted 1975) is read to the jury. That section reads:

“Proof that the defendant was in exclusive possession of…