State v. Belcher
Decision Date | 20 November 1896 |
Citation | 136 Mo. 135,37 S.W. 800 |
Parties | STATE v. BELCHER. |
Court | Missouri Supreme Court |
37 S.W. 800
136 Mo. 135
STATE v. BELCHER.
Supreme Court of Missouri, Division No. 2.
November 20, 1896.
BURGLARY — RECENT POSSESSION OF STOLEN GOODS — PRESUMPTION OF GUILT — EVIDENCE.
1. Recently stolen goods must be found in the exclusive possession of the accused, in order to raise the presumption of his guilt.
2. Evidence that, about four months after a burglary, some of the stolen property was found on the premises of defendant's mother, and that defendant was then wearing overalls and shoes which the prosecuting witness thought were his, but which defendant claimed to have purchased through his brother, without knowing that they were stolen, and the testimony of another prisoner, that defendant admitted to him that he was as guilty as his brother, do not warrant a conviction; the brother and a third person having confessed the burglary, and exculpated defendant.
Appeal from circuit court, Douglas county; W. N. Evans, Judge.
John Belcher was convicted of burglary and larceny, and appeals. Reversed.
Kice & Burkhead, for appellant. R. F. Walker, Atty. Gen., and Morton Jourdan, for the State.
GANTT, P. J.
The defendant was indicted in the circuit court of Douglas county for burglary and larceny of the storehouse of W. H. Wren, on Clever creek. The testimony very clearly established that Mr. Wren's store was burglarized about the 1st day of January, 1895, and about $100 worth of merchandise, consisting of tobacco, overalls, shirtings, etc., stolen therefrom. About the 1st of May succeeding, these goods were found, a portion on the premises of Mrs. Belcher, the mother of defendant, and the remainder upon the premises of one Edwards. The defendant was wearing a pair of overalls and a pair of shoes which Wren thought were his, as they corresponded very closely with those stolen. Jim Belcher, a brother of defendant, was arrested at the same time defendant was, and confessed the burglary, and Edwards was also convicted therefor. There was no evidence that defendant was present at the time of the burglary, save a confession alleged to have been made to another convict who was in jail with him. The witnesses who executed the search warrant all agree that defendant consistently denied all knowledge that the goods were stolen till some months after the burglary. He testified that he bought the goods he wore through his brother. Both Edwards and James Belcher testified that John, the defendant, was not engaged in the burglary. The defendant testified in his own behalf, and denied all complicity in the crime. The reputation of Mrs. Belcher for chastity appears to be bad, and the defendant's reputation for veracity was bad. The circuit court instructed the jury that "if they believed from the evidence that the store of W. H. Wren was broken into, and goods stolen...
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