State v. Schaefer

Citations

• 111 Kan. 153
• 204 P. 765
• 1922 Kan. LEXIS 195

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Grand Larceny — Automobile—Evidence—Finding. 'The testimony examined, and held to be sufficient to uphold the finding that the defendant had aided and abetted two others in stealing an automobile.</p> <p>2. Same — Instruction Relating to Possession of Recently Stolen Property. An instruction that the “possession of stolen property immediately after the theft thereof is prima facie evidence of guilt and is sufficient to warrant a conviction unless attending circumstances or other evidences so far overcome the presumption thus raised, as to create a reasonable doubt of guilt. It is a guilty circumstance which taken in connection with other testimony is to determine the question of guilt,” although subject to criticism is not substantially erroneous.</p> <p>3. Same — Instructions. Other instructions examined, and held to be without material error.</p>