State v. Branch

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the opinion of the Court.

Defendant was charged with burglary in the second degree in the district court of Missoula County, tried by a jury, found guilty, and sentenced to prison.

The appeal involves but a single issue, that being the eon*23tention of the defendant that the court erroneously instructed the jury as a portion of its Instruction 20 in these words:

“One who is found in possession of property that was stolen from burglarized premises, is bound to explain such possession in order to remove the effect of that fact as a circumstance, to be…