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DUNCAN v. STATE

No. 29,095.

233 Ind. 377 (1954)

119 N.E.2d 717

DUNCAN v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed June 4, 1954.

Attorney(s) appearing for the Case

Lockyear & Armstrong, of Evansville, for appellant.

Edwin K. Steers, Attorney General, Owen S. Boling and Richard M. Givan, Deputy Attorneys General, for appellee.

FLANAGAN, C.J.

Appellant was convicted of grand larceny. The trial court gave the following instruction:

"If you find from the evidence, beyond a reasonable doubt, that the property described in the affidavit, or any portion of it, was stolen, and that such stolen property was found in the exclusive possession of the defendant, within a short time after the larceny was perpetrated, you are instructed that a presumption of fact arises from such possession...

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