Ward v. State

The instant appeal requires us to determine if the trial court erred in giving a jury instruction regarding an inference to be drawn by the possession of recently stolen property. Because the victim could not positively identify the defendant as one of the two assailants at the scene of the alleged crime and because the stolen property was never found in the defendant’s possession, the proper factual basis to support the instruction on inference of knowledge was missing. Accordingly, we must reverse the defendant’s conviction and order a new trial as to this charge.

The appellant, Jawara Ward,…