State v. Sumner

Ness, Justice:

The appellant was tried and found guilty of grand larceny. Seeking reversal, he contends that the trial judge erred in charging that it was encumbent upon him to prove or explain his alleged possession. We agree and reverse. He also asserts error in the trial court permitting cross examination of a prior conviction, the remoteness of the alleged possession, and the insufficiency of the evidence.

The trial judge charged the jury as follows:

“Whenever the property of one man which has been recently stolen from him, without his knowledge or consent, is found in the possession of…