State v. Bailey

Harwell, Justice:

Willie Bailey appeals his conviction for assault and battery with intent to kill, breaking and entering a railroad car and grand larceny. We affirm.

Appellant contends first that the trial court erred by instructing the jury on the legal presumption which arises when one is found in possession of recently stolen goods. Appellant does not seriously contend that the law was not stated correctly since the trial judge did emphasize the merely evidentiary nature of the rebuttable presumption arising in that situation. State v. Smalls, 272 S. C. 279, 251 S. E. (2d) 734 (1979); State…