State v. Herron

Citations

• 64 Kan. 363
• 67 P. 861
• 1902 Kan. LEXIS 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Larceny■—Evidence—Unexplained Possession of Stolen Goods. While the personal and unexplained possession of recently stolen property is not to be treated as a conclusive presumption of guilt, it is prima facie evidence of the larceny of the property, and may be submitted to the jury as a question of fact from which guilt may be inferred.</p> <p>2, -Instructions — Presumption of Guilt. An instruction herein examined, and it is held, that the court did not treat such possession as conclusive presumption of guilt, but fairly left the question of guilt to be determined by the jury from such possession and the other facts in the case. .</p> <p>3. - Sale of Stolen Property — Inadequate Price. The sale of stolen property by the accused at a grossly inadequate price is a fact which the jury may consider in determining his innocence or guilt.</p>