Scott v. State
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. Hou. M. T. Sandeíis, Circuit Judge. The presumption that one in possession of stolen property is the thief, is not one of law, and. a weak one of fact; is not at all conclusive, and of itself is not sufficient for a conviction. Boykin v. The State, 31¡, Ark., When a man in whose possession stolen property is found, gives a reasonable account of how he came by it, it is incumbent on the prosecutor to show that the account is false. (3 Greenl.
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APPEAL from Monroe Circuit Court. Hou. M. T. Sandeíis, Circuit Judge. The presumption that one in possession of stolen property is the thief, is not one of law, and. a weak one of fact; is not at all conclusive, and of itself is not sufficient for a conviction. Boykin v. The State, 31¡, Ark., When a man in whose possession stolen property is found, gives a reasonable account of how he came by it, it is incumbent on the prosecutor to show that the account is false. (3 Greenl. Ev., sec. 32.) It is sufficient for the prisoner to raise a doubt of his guilt. State v. Merrick, 19 Me., 398; 1…
1Opinion of the CourtEnglish, C. J.
Marion Scott was indicted in the Circuit Court of Monroe County, for grand larceny, the indictment charging in substance that, on the fifteenth of March 1882, in said county, he stole a cow of the value of $15, thte property of Bony Robinson.
He was tried on plea of not guilty, convicted and sentenced to the penitentiary for one year; refused a new trial, took a bill of exceptions and obtained an appeal.
It is submitted by his counsel here, as in the motion for a new trial, that the verdict was not warranted by the evidence, and Boykin v. The State, 34 Ark., 443, is relied on.
I. The indictment…
2Cited by6 opinions
- People v. NunleyCalifornia Supreme Court · 1904
- Merritt v. StateSupreme Court of Arkansas · 1904
- Boles v. StateSupreme Court of Arkansas · 1893
- State v. EsmondSupreme Court of Arkansas · 1918
- Cox v. StateSupreme Court of Arkansas · 1900
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