Duncan v. State

Appellant was convicted of grand larceny. The trial court gave the following instruction:

“If you find from the evidence, beyond a reasonable doubt, that the property described in the aifidavit, or any portion of it, was stolen, and that such stolen property was found in the exclusive possession of the defendant, within a short time after the larceny was perpetrated, you are instructed that a presumption of fact arises from such possession and imposes on the defendant the duty and burden of explaining his possession of the said property; and if he has failed to satisfactorily account as to how…