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UNDERWOOD v. STATE

No. 1-1176A206.

367 N.E.2d 4 (1977)

Ronnie G. UNDERWOOD, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied October 17, 1977.

Attorney(s) appearing for the Case

Delson Cox, Jr., Douglas C. Latherbury, Cox & Latherbury, Salem, for appellant.

Theodore L. Sendak, Atty. Gen., Kenneth R. Stamm, Deputy Atty. Gen., Indianapolis, for appellee.

LOWDERMILK, Judge.

Defendant-appellant, Ronnie G. Underwood (Ronnie), appeals to this court following his conviction of theft. Ronnie contends that the trial court erred by giving the jury over his objection State's Final Instruction No. 4 which provided as follows:

"The exclusive possession of stolen property soon after a theft has been committed, if not explained to the satisfaction of the jury, may raise an inference that the person in possession of...

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