Barron v. State

(after stating the facts). The first assignment of error is that the court erred in giving instruction No. 10, which is as follows:

“You are instructed that the possession of the property recently stolen, without reasonable explanation of that possession, is evidence which goes to you for your consideration, under all the circumstances of the case, to be weighed as tending to show the guilt of one in whose hands such property is found, but such evidence alone does not imperatively impose upon you the duty of convicting, even though it is not rebutted. ’ ’

Counsel for the defendant relies upon…