What is the test for evidence of possession of stolen goods and burglarious tools shortly after the crime has been committed?

California, United States of America


The following excerpt is from People v. Jeremiah K. (In re Jeremiah K.), F074650 (Cal. App. 2018):

"While the evidence of the possession of stolen goods, and we may add, of burglarious tools, shortly after the commission of [a burglary] offense may not, standing alone, be sufficient to sustain a verdict, it requires only slight additional testimony." (People v. Parkinson (1934) 138 Cal.App. 599, 609 (Parkinson).) This is "especially true where the defendant has failed to account for the possession upon a theory inconsistent with his guilt of the offense charged." (People v. Godlewski (1943) 22 Cal.2d 677, 685, citing with approval Parkinson, supra, 138 Cal.App. at p. 609.)

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