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State v. Cooper

Supreme Court of South Carolina
Aug 9, 1983
279 S.C. 301 (S.C. 1983)

Summary

holding that proof the accused was in possession of stolen property near the time of loss is circumstantial evidence supporting the inference the accused is guilty of larceny

Summary of this case from State v. Williams

Opinion

21969

August 9, 1983.

Harold R. Lowery and Richard E. Thompson, Jr., Anderson and Theodore A. Snyder, Walhalla, for appellants. Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. George M. Ducworth, Walhalla, for respondent.


Aug. 9, 1983.


The Appellants were convicted of breaking and entering and grand larceny. The grand larceny conviction was appealed on the ground of error in the instructions to the jury. We reverse and remand for a new trial.

After closing arguments by the attorneys, the trial judge charged:

Now, ladies and gentlemen, in the proof of grand larceny our law says that the principle has long been recognized in this state that, where one is found in possession of recently stolen property a rebuttal (sic) inference of a fact arises that a person in possession of recently stolen property is the thief, and this inference is one of fact and not one of law. It's an evidentiary inference. It relates back to the circumstantial evidence test ... Upon proof of possession of recently stolen goods the law permits the jury to infer guilt unless the jury finds a reasonable explanation of such possession from all the evidence presented at the trial.

In recent cases, this Court has consistently held that instructions which place the burden on the defendant to explain how he came to possess recently stolen goods are erroneous. The reasoning is that such charges allow the jury to presume that either the defendant is required to personally give explanatory testimony or in the absence of explanation by the defendant, the inference is to be considered conclusive of guilt. See, State v. DeWitt, 254 S.C. 527, 530-31, 176 S.E.2d 143, 145 (1970); State v. Adams, 275 S.C. 108, 267 S.E.2d 538 (1980); State v. Smalls, 272 S.C. 279, 251 S.E.2d 734 (1979); State v. Gaines, 271 S.C. 65, 244 S.E.2d 539 (1978); and State v. Sumner, 269 S.C. 175, 236 S.E.2d 815 (1977).

In DeWitt, supra, we affirmed a similar jury instruction. However, we now hold that the expressions "rebuttable" and "reasonable explanation" may too easily be taken by the jury as requiring the defendant to personally rebut or explain. DeWitt is overruled insofar as it permits the use of these terms.

The fact that defendants are found in possession of recently stolen property should be characterized merely as an evidentiary fact and not described as "rebuttable" or requiring a "reasonable explanation". The fact of possession is merely circumstantial evidence of guilt and should be charged as such.

Reversed and remanded.

LEWIS, C.J., and NESS, GREGORY and HARWELL, JJ., concur.


Summaries of

State v. Cooper

Supreme Court of South Carolina
Aug 9, 1983
279 S.C. 301 (S.C. 1983)

holding that proof the accused was in possession of stolen property near the time of loss is circumstantial evidence supporting the inference the accused is guilty of larceny

Summary of this case from State v. Williams

In State v. Cooper, 279 S.C. 301, 306 S.E.2d 598 (1983), we held that the expressions "rebuttable" and "reasonable explanation" are impermissible whenever they are susceptible to improper interpretation by the jury as requiring the defendant to personally rebut or explain.

Summary of this case from State v. Patrick

stating proof the defendant possessed recently stolen property was circumstantial evidence tending to prove the defendant was guilty of larceny

Summary of this case from State v. Scowcroft
Case details for

State v. Cooper

Case Details

Full title:The STATE, Respondent, v. Roger Dale COOPER and Frank Bryson, Appellants

Court:Supreme Court of South Carolina

Date published: Aug 9, 1983

Citations

279 S.C. 301 (S.C. 1983)
306 S.E.2d 598

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