State v. Farmer

SEILER, Judge.

Defendant, with a prior conviction of carrying a concealed weapon, upon which the second offender act was added to the charges, appeals from his conviction of second degree burglary and stealing. 1 His single contention is that “the evidence did not establish a submissible case for the jury under the theory that the possessor of recently stolen property is presumed to be the thief.”

At 2:30 a. m., February 25, 1971, officer Spencer of the Nevada, Missouri police force discovered the padlock had been broken on the door to the American Legion building. The police found no one…