State v. Bruin
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. The court erred in giving the second instruction asked for by the State ; that instruction treats the presumption arising from the possession of stolen property, not satisfactorily accounted for, as a presumption of law, conclusive of guilt, and not as a mere natural presumption of fact, which, like all others of its class, may be repelled by any other facts whatsoever that are naturally inconsistent with the fact to be presumed.
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Appeal from St. Charles Circuit Court. I. The court erred in giving the second instruction asked for by the State ; that instruction treats the presumption arising from the possession of stolen property, not satisfactorily accounted for, as a presumption of law, conclusive of guilt, and not as a mere natural presumption of fact, which, like all others of its class, may be repelled by any other facts whatsoever that are naturally inconsistent with the fact to be presumed. It may be effectually destroyed by proof of an alibi, or by any other means which would show that it was naturally or…
1Opinion of the CourtBay, Judge
At a special term of the St. Charles Circuit Court, held in January, 1864, the defendant was indicted, tried, and convicted for grand larceny, and sentenced to two years’ imprisonment in the penitentiary. The indictment charged him with feloniously stealing, taking, and carrying away, at the county of St. Charles, on the night of the 23d of November, 1863, a buggy, of the value of $250, the property of one Martin Ehrhardt. The evidence, on the trial, tended to show that a buggy belonging to Ehrhardt, of the value of $250, was stolen from the depot of the North Missouri Railroad Company, in…
2Cited by6 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- State v. GraySupreme Court of Missouri · 1866
- Foster v. StateMississippi Supreme Court · 1876
- State v. SidneySupreme Court of Missouri · 1881
- State v. CrankSupreme Court of Missouri · 1882
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