Snowden v. State

Citations

• 62 Miss. 100

Syllabus

<p>1. Larceny. Possession of stolen goods. Presumption of guilt.</p> <p>The presumption of guilt arising from the possession of stolen property depends upon the length of time which has intervened the larceny and the possession in question and upon the nature of the property itself. If such time be long and the property be easily handled and readily transmissible the presumption is very slight.</p> <p>2. Same. Presumption arising from possession of stolen goods. Practice in respect thereto.</p> <p>As a rule, it should be left to the jury to determine the weight of such presumption, though, in exceptional cases, where from the nature of the property and the circumstances attending the finding thereof, it was clear that no unfavorable suspicion could attach to such possession, our court has permitted instructions to stand which told the jury, as a matter of law, that there was no evidence against the accused.</p> <p>3. Same. Time of theft, when not material. Instruction. -</p> <p>Where in the trial of one accused of larceny the question of time is not made material by any attempt to prove an alibi or to show that the defendant had only bought the goods knowing them to be stolen, the court may properly refuse to charge the jury that it devolves upon the State to show that the defendant stole the property on the day named in the indictment.</p> <p>4. Same. Power of court to modify instruction. Statute applied.</p> <p>The action of the court in refusing to give an instruction containing such charge and then giving the same instruction with that charge omitted, against the objection of the defendant, does not contravene, to his prejudice, $ 1714 of the Code of 1880, which forbids the voluntary giving of instructions by the court.</p> <p>5. Same. Confusion of words “ evidence” and “proof.” Instruction. Supreme court practice.</p> <p>Where an instruction in reference to the possession of stolen goods says that it is presumptive “evidence,” and then in the same sentence that