State v. Hales

ARNOLD, Judge.

The court instructed the jury properly on the doctrine of possession of recently stolen goods, but defendant challenges the instruction on the ground that the doctrine is unconstitutional in light of the United States Supreme Court decision of Mullaney v. Wilbur, 421 U.S. 684, 44 L.Ed. 2d 508, 95 S.Ct. 1881 (1975). Mullaney holds that the State has the burden of proving every element of a crime and that the State cannot shift this burden of proof to the defendant. Mullaney is inapposite to the case at bar, because the so-called recent possession doctrine does not shift the…