Is inference of guilt permissible in a criminal case where stolen property is found in the conscious possession of a defendant?

California, United States of America


The following excerpt is from People v. Williams, C055887 (Cal. App. 11/4/2008), C055887 (Cal. App. 2008):

"Where recently stolen property is found in the conscious possession of a defendant . . . an inference of guilt is permissible" (People v. McFarland (1962) 58 Cal.2d 748, 755 (McFarland)) if there is at least "slight corroboration in the form of statements or conduct of the defendant tending to show his guilt." (Id. at p. 754.) The jury must determine "whether or not the inference should be drawn in the light of all the evidence." (Id. at p. 755.) This rule "in no way shifts the burden of proof or destroys the presumption of innocence; the prosecution must still satisfy the jury of a defendant's guilt beyond a reasonable doubt." (Id. at p. 756.)

Other Questions


How have courts interpreted Calcim No. 376 of the Criminal Code for the purpose of instructing a jury not to infer guilt from a defendant's conscious possession of recently stolen goods? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
When is a defendant required to prove possession of stolen property to convict him of the crime of receiving stolen property? (California, United States of America)
Can a jury infer that a defendant was in conscious possession of the stolen property when arrested in the hallway of a hotel? (California, United States of America)
What is the test for a defendant to be found guilty of possession of stolen property under section 496 of the California Criminal Code? (California, United States of America)
Can a defendant be found guilty of possession of property that was stolen after the crime has been committed? (California, United States of America)
What is Cal.CRIM 376 of the California Criminal Code, or is it an instruction generally favorable to defendants in possession of stolen property? (California, United States of America)
What is the difference between cautionary instruction regarding a defendant's statements and the rule that possession of recently stolen property is insufficient to establish guilt? (California, United States of America)
Can a defendant be convicted of possessing stolen property even if the vehicles and parts were not stolen? (California, United States of America)
In what circumstances will the court reverse its instruction that a defendant was in conscious possession of recently stolen property? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.