People v. Gassaway (1863) · DecisionDepot

People v. Gassaway

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1863Published

Before: Crocker

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Holding. The court held that a jury instruction stating that the unexplained possession of stolen property is prima facie evidence of larceny in the absence of evidence of good character is erroneous.

Issues

Whether a jury instruction characterizing unexplained possession of stolen property as prima facie evidence of larceny is legally correct.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“In the absence of evidence of good character, the recent possession of stolen property, unexplained, is prima faeie evidence that the possessor is guilty of larceny.”

“The charge is directly in conflict with the rule upon this question laid down by this Court”

Synopsis

In the absence of evidence of good character, the recent possession of stolen property, unexplained, is not prima facie evidence that the possessor is guilty of larceny.

Crocker, J. delivered the opinion of the Court-Norton, J. and Cope, C. J. concurring.

This is an appeal from a judgment convicting the defendant of the crime of robbery. On the trial the Court charged the jury, among other things, as follows: “ In the absence of evidence of good character, the recent possession of stolen property, unexplained, is prima faeie evidence that the possessor is guilty of larceny.” The defendant excepted to this charge, and it is now assigned for error on this appeal. The charge is directly in conflict with the rule upon this question laid down by this Court in the cases of The People v. Chambers (18 Cal. 383) ; The People v. Ah Ki (20 Id. 177.)

The judgment is therefore reversed and the cause remanded.

People v. Gassaway

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