Davis v. People
New York Supreme Court
This was a writ of error, brought by the defendant to review the proceedings of the court of sessions of the county of Monroe, upon the trial of the defendant on an indictment.
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This was a writ of error, brought by the defendant to review the proceedings of the court of sessions of the county of Monroe, upon the trial of the defendant on an indictment. The first count of the indictment -was for burglary, in breaking and entering the shop of the Rochester & Syracuse Railroad Company at Rochester, by forcibly breaking an outer window of said shop, with intent to steal, and, stealing therefrom certain tools, &c, the property of Daniel Penney, and other property belonging to Thomas Drake. There was also a count for larceny, and one for receiving property knowing it to…
1Opinion of the Court
By the Court,
Johnson, J. —
The rule that where goods have been stolen and are immediately or very soon thereafter found in the possession of a person, it is prima facie evidence that such person was guilty of the larceny, has never been doubted. It is said, however, that mere recent possession, independent of the conduct and declarations of the accused, or of his silence, is very imperfect evidence of guilt, as the apparent possession may have resulted from the malicious act of another (1 Starkie Ev. 513, 514.)
In the case of Commonwealth v. Willard, (1 Mass. Rep. 6,) where the indictment was…
2Cited by3 opinions
- People v. HurleyCalifornia Supreme Court · 1882
- People v. HartUtah Supreme Court · 1894
- State v. WheelerSupreme Court of Missouri · 1883