State v. Todaro

The opinion of the court was delivered by

Parker, J.

The ease was submitted on briefs in the Supreme Court, and is similarly submitted here. The first point made for reversal is that the statute, B. S. 2 :164r-l, providing in substance that possession of stolen property within a 3'ear from the date of: stealing “shall be deemed sufficient evidence to authorize conviction” (italics ours) unless the accused show certain facts “to the satisfaction of the jury,” is unconstitutional.

This statute was first enacted as chapter 187 of the laws of 1928, Pamph. L., p. 356. It enlarges the common law rule,…