Legal Opinion

Brown v. State

Court of Criminal Appeals of Alabama

Decided September 14, 1971No. 5 Div. 42Published

1Opinion

ON REHEARING

PRICE, Presiding Judge.

After further consideration, the court is of opinion reversible error was committed in overruling the objection to the question propounded by the state to the defendant concerning other cows found in his possession.

On a trial for larceny, the corpus delicti having been established, unexplained possession by accused of the recently stolen property is a fact from which the jury may infer guilt and the burden of explaining possession is on the accused. Heath v. State, 30 Ala.App. 416, 7 So.2d 579.

In Harris v. State, 41 Ala.App. 261, 130 So.2d 227, Judge…

2Cases cited3 opinions

  1. Heath v. StateAlabama Court of Appeals · 1942
  2. Sledge v. StateAlabama Court of Appeals · 1960
  3. Harris v. StateAlabama Court of Appeals · 1961

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