Stokes v. State
Mississippi Supreme Court
Appeal from the Circuit Court of JDe Soto County. Hon. Samuel Powell, Judge. The case is sufficiently stated in the opinion of the court. 1. The fifth charge for the State is objectionable because it-fixes a period of time at which the finding of stolen property in defendant’s possession is conclusive evidence of his guilt.
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Appeal from the Circuit Court of JDe Soto County. Hon. Samuel Powell, Judge. The case is sufficiently stated in the opinion of the court. 1. The fifth charge for the State is objectionable because it-fixes a period of time at which the finding of stolen property in defendant’s possession is conclusive evidence of his guilt. We understand the principle of law to be, that no time has-been or can be fixed within which the finding of stolen property in the possession of another can be said to be conclusive evidence of his guilt. Such possession is only prima facieevidence of guilt. Foster v. The…
1Opinion of the CourtChalmers, C. J.
Defendant was convicted of grand larceny in the stealing of two bales of cotton. There was no proof whatever that the cotton was of any value, so far as the record shows. Mr. Wharton says (2 Am. Cr. Law, 6th ed., 1839) that “there need not be direct evidence of value of an article stolen — e.g., a horse. The value may be inferred from the general evidence.” He cites in support of it Houston v. The State, 13 Ark. 66, where the doctrine was applied to a conviction of' grand larceny upon the ground that in Arkansas there were no degrees in larceny. It is only upon this ground that a *679conviction…
2Cases cited2 opinions
- Graves v. StateWisconsin Supreme Court · 1860
- Perry v. StateTexas Supreme Court · 1874
3Cited by14 opinions
- Van Straaten v. PeopleSupreme Court of Colorado · 1899
- Harris v. StateMississippi Supreme Court · 1883
- Robinson v. StateMississippi Supreme Court · 1982
- Crowell v. StateMississippi Supreme Court · 1943
- State v. HumasonWashington Supreme Court · 1893
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