State Ex Rel. Farley v. Wharton

Harshbarger, Justice:

Vickie Dianne Farley prays that we prohibit her prosecution for shoplifting, Code, 61-3A-1, et seq. She contends that Section 3A-3 creates an unconstitutional presumption:

Code, 61-3A-3. Concealment of merchandise.

If any person shall wilfully conceal upon his person or otherwise merchandise belonging to any store and for which such person has not paid the purchase price in full, either upon or away from the store premises, there shall be a prima facie presumption that such person has concealed said merchandise with the intent of converting the same to his own use within…