50 La. Ann. 597 | La. | 1898
The opinion of the court was delivered by
The accused, sentenced for larceny, takes this appeal.
Exceptions were reserved on behalf of the accused to the exclusion of testimony that the accused was charged before the recorder with the theft of the property from a party other than the person alleged in the indictment to be the owner. The testimony was merely hearsay to the effect that the property was claimed before the recorder by an alleged owner, not the owner specified, in the indictment, but the person making the claim before the recorder was not produced as a witness, nor was there any testimony to support his claim of ownership. The ruling, then, was merely the exclusion of hearsay, and was manifestly correct.
Another bill was reserved to the charge of the court, that though no inference unfavorable to the accused was to be drawn from the fact the accused did not testify on his own behalf, u but this did not relieve a person from accounting for stolen property found on him.” In signing the bill the judge states that his charge was oral; that in the short extract in the bill the court is made to assume that stolen property was found on the accused, but the judge states he charged substantially, after excluding any unfavorable inference from the
The other exception reserved is to the refusal of the instruction requested on behalf of the accused, that in eases depending on circumstantial evidence to justify the inference of guilt, the inculpatory facts must be incompatible with the innocence of the accused, and incapable of explanation on any other reasonable theory than that of his guilt. The charge it will be perceived tends to restrict the view of the jury to the general force of circumstantial evidence, but omits any reference to that presumption the law attaches to one circumstance when proved. If possession of property recently stolen is satisfactorily proved, that circumstance, i. e. of possession, gives rise to the presumption of guilt. As we read the bill there was testimony to show that possession. The State claims it was proved by direct evidence that when the arrest was made the accused threw away a package which was recovered, and identified by the owner as that stolen from him. Whether this was established, it was the function of the jury to determine, but with testimony of that tendency administered, the charge would have been misleading. Possession of stolen property is but a circumstance, but that circumstance, when the property is recently stolen and not accounted for, leads to a presumption of guilt. In the posture of the testimony when the instruction was asked and refused, it would have been erroneous to charge in effect that all the circumstances must be incompatible with innocence, and consist only with guilt; for on the
It is therefore ordered, adjudged and decreed that the sentence of the lower court be affirmed.