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STATE v. RUIZ

No. 1 CA-CR 215.

11 Ariz. App. 205 (1970)

463 P.2d 100

The STATE of Arizona, Appellee, v. Richard Ibarra RUIZ, Appellant.

Court of Appeals of Arizona, Division 1.

January 12, 1970.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.

B.L. Helm, Yuma, for appellant.

KRUCKER, Chief Judge.

The sole question for decision in this appeal concerns an instruction to the jury as follows:

"Now, ladies and gentlemen of the jury, the Court instructs you that the actual unexplained possession of recently stolen goods is a fact from which the possessor's guilt may be inferred by you the jury."

Appellant claims that this is a comment upon his failure to testify and violates his privilege against self-incrimination.

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