State v. Myers

Defendant was convicted of burglary and stealing under §§ 560.045 and 560.110, RSMo 1969. We reverse and remand because the jury was improperly instructed upon the inference of guilt to be drawn from the unexplained possession of recently stolen property.

The state presented a circumstantial evidence case. Its proof indicated a mobile home belonging to Mr. and Mrs. Leon Af-folter near Newburg, Missouri, was burglarized and numerous items were stolen on the evening of August 4,1975. The break-in occurred between 5:00 and 11:00 p. m. About a week later police officers found some of the stolen…