State v. Alcantara

This appeal concerns the constitutional validity of a statutory criminal presumption.

In September 1974, appellant, Joseph E. Alcantara, rented an automobile for 2 days from Compacts Only Rent-A-Car Company (Compacts). The following words were stamped on the rental agreement: “Failure To Return Rental Property Within 10 Days of the Due Date Will Result in Criminal Prosecution.” Appellant returned the car 2 weeks after the due date, and Compacts accepted payment for the entire period.

Appellant rented another automobile from Compacts, and he did not return this car on the October 2 due date. The…