State v. Roberts

CLARK, Judge.

The defendant argues that the trial court erred in charging as follows:

“I instruct you that it is the law that when a person is found in the possession of a forged check and he is endeavoring to obtain money or advances upon it, this raises a presumption that the defendant either forged or con sented to the forging of such check, and nothing appearing, the person would be presumed to be guilty of forgery.”

Defendant relies on State v. White, 300 N.C. 494, 268 S.E. 2d 481 (1980), contending that the presumption as charged was mandatory and violated due process in shifting the…