State v. Hall

383 A.2d 663, 1978 Me. LEXIS 1106
CourtSupreme Judicial Court of Maine
DecidedMarch 30, 1978
StatusPublished
Cited by2 cases

This text of 383 A.2d 663 (State v. Hall) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hall, 383 A.2d 663, 1978 Me. LEXIS 1106 (Me. 1978).

Opinion

DUFRESNE, Active Retired Justice.1

Indicted for larceny in the nighttime on January 9, 1976 in the dwelling house of [665]*665Robert and Valada DeGrasse at 113 Wood-field Road in Portland,2 Eugene Hall (the defendant) was convicted of said offense on June 3,1976 by jury verdict in the Superior Court of Cumberland County. He appeals from the ensuing judgment, claiming reversible error on the part of the presiding Justice in denying his motions for judgment of acquittal and for a new trial pursuant to Rules 29(a) and (b) and 33 respectively. We deny the appeal.

Motions for acquittal and for a new trial, when, as in the instant case, they are based upon the insufficiency of the evidence to support a jury verdict that the defendant is guilty of the offense charged beyond a reasonable doubt, are interchangeable procedural mechanisms to test the conviction. State v. Tomer, Me., 304 A.2d 80, 85 (1973); State v. O’Clair, Me., 292 A.2d 186, 196 (1972); State v. McKrackern, 141 Me. 194, 197, 41 A.2d 817, 818 (1945). They reach the same result by posing identical questions.

That query on appeal is, whether, in view of all the evidence in the case, the jury was warranted in believing beyond a reasonable doubt that the accused was guilty of the criminal accusation against him. State v. O’Clair, supra; State v. Goldman, Me., 281 A.2d 8, 12 (1971).

A review of the record presents the following factual evidence upon which the jury was entitled to conclude that the defendant was guilty as charged beyond a reasonable doubt.

On January 9,1976 in late afternoon Mrs. DeGrasse left her home in Portland for a dinner engagement with her husband in the evening and, so she testified, all doors to the dwelling and the garage were locked and all windows were closed at the time of her leaving. On their return shortly before midnight, they discovered that their home and garage had been broken into, their Buick automobile gone and several of their possessions missing, including Mr. De-Grasse’s distinctive stereo set and equipment which comprised teakwood speakers custom-made for him in Taiwan by cabinet makers of the area.

The electric digital clock, which had adorned the television set in its usual setting and had provided the couple with the time of day or night previously, now was on the floor unplugged and inoperative. The thieves had left their time card showing 8:28 p. m.

Several weeks later, after receiving information concerning the location of the property stolen at the DeGrasse residence, two Portland detectives visited the home of one Richard Charles Parker, viewed the stereo equipment which he had set up in his cellar, and, after informing Mr. Parker that the unit was stolen property, removed the same to police headquarters where Mr. DeGrasse later identified it as the property stolen from his home on January 9, 1976.

Mr. Parker, testifying as a State witness, said that on the morning of either the 10th or 11th of January, 1976 the defendant came to his home before he left to go to work, inquiring of Mr. Parker whether he was interested in buying a stereo. Mr. Parker, who used to drop by the defendant’s sister’s house while befriending her, did drop over that very evening to have a look at the stereo. The defendant was there with his brother, Robert, and another unidentified person. Parker made the purchase for three hundred ($300.00) dollars, paying one hundred and fifty ($150.00) dollars that evening and the balance the next day when the defendant and his brother were at the Parker residence to collect.

The defendant took the stand in his own defense and denied any part in the larceny from the DeGrasse residence. His only involvement, so he maintained under oath, [666]*666was to arrange the subsequent sale of the stolen stereo equipment to Mr. Parker. Hall’s testimony may be summarized as follows:

On the evening of January 9,1976 he was at his sister’s apartment when his brother Robert and another individual came over with a stereo set and other items. Assuming the goods were stolen, the defendant claims [but Parker gave a contrary version in important details which are underscored] that, following a conversation with his brother, he telephoned Richard Parker to inform him that his brother had a stereo for sale and that it was “hot.” Parker did come to his sister’s place the next evening and paid his brother an initial payment of one hundred and fifty ($150.00) dollars. He said that he and his brother did drive to Parker’s residence to collect the second payment of one hundred and fifty ($150.00) dollars. Disclaiming any interest in receiving an award for his services, Hall accepted from his brother a twenty-five ($25.00) dollar bonus out of each of the two instalment payments.

The defendant concedes that, under Maine law, a jury as factfinders have a right to infer as a fact, that a person found in exclusive possession of recently stolen goods is guilty of the theft of such property (State v. Poulin, Me., 277 A.2d 493 (1971)), and that, if the goods were stolén in the course of a burglary, they may also extend the inference to include guilt in the burglary as against such person. State v. Saba, 139 Me. 153, 27 A.2d 813 (1942).

The rule requires, however, that, before the inference may come into play, independent evidence must be adduced justifying a rational conclusion beyond a reasonable doubt that the alleged stolen goods were in fact recently stolen and, if involved, that in fact the theft had occurred in a recent burglary. State v. Gleason, Me., 359 A.2d 308 (1976); State v. Bickford, Me., 308 A.2d 561 (1973).

The same rule is applicable in a jury-waived case, where the presiding justice is the factfinder. State v. Reed, Me., 347 A.2d 123 (1975).

We have in mind, also, that the rule, which permits the factual inference of theft or burglary and theft from the exclusive possession of property independently proven, beyond a reasonable doubt to have been recently stolen or taken in a recent burglary, is applicable in cases where the accused is proven to be in joint possession with another. The exclusive possession contemplated by the rule is satisfied by proof of possession by one of two or more persons shown to have acted in concert and to have been participants in the theft or burglary, the possession of one being the possession of all. State v. Gove, Me., 289 A.2d 679 (1972).

The defendant, however, contends that, when an accused as in this case presents a “reasonable” explanation of his possession of recently stolen property, the rule is inapplicable and the jury has no right to draw the incriminatory inference, unless the State introduces evidence tending to disprove the proffered explanation. We disagree.

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Related

State v. Larson
577 A.2d 767 (Supreme Judicial Court of Maine, 1990)
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417 A.2d 431 (Supreme Judicial Court of Maine, 1980)

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383 A.2d 663, 1978 Me. LEXIS 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-me-1978.