Crawley v. State
| Citation | 59 Del. 295,219 A.2d 158 |
| Parties | , 59 Del. 295 James A. CRAWLEY, Appellant, v. STATE of Delaware, Appellee. |
| Decision Date | 13 April 1966 |
| Court | United States State Supreme Court of Delaware |
Appeal from the Superior Court in and for New Castle County.
Michael F. Tucker, Asst. Public Defender, Wilmington, for appellant.
Jay H. Conner, Deputy Atty. Gen., Wilmington, for the State.
This is an appeal from a Superior Court conviction of burglary in the fourth degree (11 Del.C., § 395.)
Some time during the night of September 28, 29, 1964, the business premises of Alton F. Neal, Inc., in Newport, Delaware, were broken into forcibly through a second-story window. A safe in the premises was broken into from which were taken a checkbook containing five hundred blank checks on the account of Alton F. Neal, Inc., and petty cash in excess of $50.00. Also taken from the premises was a check-writer machine.
The foregoing facts were proved by the State and are not disputed by the prisoner. The State has therefore discharged its burden of proving the Corpus delicti, the occurrence of a crime.
The prisoner, however, argues that, while a crime undoubtedly had been committed, the State failed to prove beyond a reasonable doubt that he had committed it. The State's proof to connect the prisoner with the crime follows.
On September 29 or 30, 1964, the exact date being in dispute, the prisoner cashed at Tanzer's Market a check drawn on the account of Alton F. Neal, Inc., which was identified as one of the blank checks taken from the safe on Alton F. Neal, Inc. The prisoner was also identified as the person who, on September 30, 1964, attempted to cash a similar check at Hearn's Market.
The prisoner admitted cashing the check at Tanzer's Market but says it was the same check which he had previously tried to cash at Hearn's Market. In fact, because of cashing this check, prior to his trial for burglary, he had plead guilty to a charge of obtaining money under false pretenses in the Municipal Court of Wilmington.
The prisoner denied his guilt of burglary and explained his possession of the check in question by saying he had found it on the floor of a poolroom on West Sixth Street in Wilmington. He also called alibi witnesses to prove he was in Atlantic City, New Jersey, during the time the burglary took place.
The jury convicted him which, we think, requires the conclusion that it disbelieved his alibi and his explanation for possession of the check.
The basic question before us is whether or not the unexplained possession of property stolen in the course of a proven burglary soon after the time of burglary is sufficient in law to connect the possessor of the property with the burglary.
When the State has proved goods to have been stolen which soon thereafter are found in the possession of a defendant, a Prima facie case that he is the thief is created. The burden is then cast upon him to satisfactorily explain to the jury how he came into possession if he desires to avoid the resultant presumption of guilt. State v. White, 4 W.W.Harr. 316, 152 A. 393; Schaffer v. State, Del., 184 A.2d 689.
As we have stated, we must assume that the jury rejected the prisoner's explanation of his possession of the stolen...
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Flamer v. State
...State v. White, supra; State v. Edell, 7 W.W.Harr. 404, 183 A. 630 (1935); Wiggins v. State, Del., 210 A.2d 314 (1965); Crawley v. State, Del., 219 A.2d 158 (1966). We do not endorse any implication that, in the absence of a satisfactory explanation of possession, a conviction is mandatory.......
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Crawley v. State
...HERRMANN, Justice. The defendant was convicted of burglary in the fourth degree. 1 Upon appeal, the conviction was affirmed. See Del., 219 A.2d 158. Thereafter, under Superior Court Rule 35(a), Del.C.Ann. 2, the defendant moved for correction of his sentence on the ground that it was illega......