State v. Ketchum

[¶ 15] I respectfully dissent because the evidence is sufficient to support Ketchum’s conviction. Moreover, the Court’s opinion reveals the need for clarifying the requirements the State must meet to gain the benefit of the statutory presumption set forth in 17-A M.R.S.A. § 361(2) (1983).5

I

[¶ 16] On July 29, 1994, eight Emmett Kelly figurines were stolen from the Country Store operated by William Haefele. Late that afternoon, the stolen figurines were recovered from Michael Curtis’s car in which Ketehum and Wayne Paschal were passengers. The jury could find that all three occupants of the car…