Matthews v. State

Mississippi Supreme Court

Matthews v. State

61 Miss. 155

CourtMississippi Supreme Court

DecidedOctober 15, 1883

StatusPublished

Cited by4 cases

This text of 61 Miss. 155 (Matthews v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matthews v. State, 61 Miss. 155 (Mich. 1883).

Pincite

Opinion

Cooper, J.,

delivered the opinion of the court.

It was error to instruct the jury that where property has been stolen and is recently thereafter found in possession of a person, the law presumes him to bo the person by whom it was stolen. The most that can be said is that the fact of such possession may and ought to be considered by the jury in determining the question of guilt, and that where no reasonable and satisfactory explanation is given of such possession, the jury may from it infer guilt. Stokes v. State, 58 Miss. 677.

Reversed.

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Cooper, J.,

delivered the opinion of the court.

It was error to instruct the jury that where property has been stolen and is recently thereafter found in possession of a person, the law presumes him to bo the person by whom it was stolen. The most that can be said is that the fact of such possession may and ought to be considered by the jury in determining the question of guilt, and that where no reasonable and satisfactory explanation is given of such possession, the jury may from it infer guilt. Stokes v. State, 58 Miss. 677.

Reversed.

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Bluebook (online)

61 Miss. 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-state-miss-1883.

Opinion

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