40 Mich. 292 | Mich. | 1879
Plaintiff in .error was' convicted of the larceny of certain articles of clothing from a car of the Michigan Central Railroad Company. The larceny took
This being the evidence the court was requested to instruct the jury that “the fact of possession of stolen property, standing alone and unconnected with any other circumstance, affords but slight presumption of guilt, for the real criminal may have artfully placed the property in the possession or on the premises of an innocent person the better to conceal his own guilt.” This request the court refused, but the jury were instructed that they must consider all the circumstances and allow the evidence such weight as they believed it deserved.
We think the plaintiff in error was entitled to the instruction requested. It is perfectly true that the jury must judge of the proper weight of the evidence; but when evidence is laid before them which only indirectly tends to raise an inference of guilt, and the importance of which must depend altogether upon circumstances, it is the right of the respondent to have the jury instructed how these circumstances bear upon the presumption of guilt. Possession of stolen property, if immediately sub
This is the only error we discover in the record. The judgment is reversed and a new trial ordered.