State v. Cooper

Paul Moore, Acting Associate Justice:

The Appellants were convicted of breaking and entering and grand larceny. The grand larceny conviction was appealed on the ground of error in the instructions to the jury. We reverse and remand for a new trial.

After closing arguments by the attorneys, the trial judge charged:

Now, ladies and gentlemen, in the proof of grand larceny our law says that the principle has long been recognized in this state that, where one is found in possession of recently stolen property a rebuttal (sic) inference of a fact arises that a person in possession of recently stolen…