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STATE v. O'CLAIR

256 A.2d 839 (1969)

STATE of Maine v. Fred O'CLAIR.

Supreme Judicial Court of Maine.

September 24, 1969.

Attorney(s) appearing for the Case

John L. Merrill, County Atty., Skowhegan, for plaintiff.

George A. Wathen, Augusta, for defendant.

Before WILLIAMSON, C. J., and WEBBER, MARDEN, DUFRESNE, and WEATHERBEE, JJ.

WEBBER, Justice.

The appellant was by jury verdict convicted of the offense of larceny of a tractor. No witness saw the tractor being stolen by the respondent. The State was forced to rely, as is frequently the case, on proof of the theft by a person or persons unknown followed by unexplained possession of the stolen property by defendant. In such a case the State is aided by a presumption. State v. Russo (1928) 127 Me. 313, 143 A. 99; State v. Barrett, Me.,

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