Is unexplained possession of property sufficient to sustain a conviction beyond a reasonable doubt?

California, United States of America


The following excerpt is from People v. Wilkins, 11 Cal. Daily Op. Serv. 393, 119 Cal.Rptr.3d 691, 2011 Daily Journal D.A.R. 441 (Cal. App. 2011):

[13] An inference of guilt may be drawn from unexplained possession of stolen property. ( Barnes v. United States (1973) 412 U.S. 837, 843, 93 S.Ct. 2357, 37 L.Ed.2d 380.) "Possession of recently stolen property is so incriminating that to warrant conviction there need only be, in addition to possession, slight corroboration in the form of statements or conduct of the defendant tending to show his guilt. [Citations.]" ( People v. McFarland (1962) 58 Cal.2d 748, 754, 26 Cal.Rptr. 473, 376 P.2d 449.) "As long as the corroborating evidence together with the conscious possession could naturally and reasonably support an inference of guilt, and that inference is sufficient to sustain a verdict beyond a reasonable doubt, we discern

[119 Cal.Rptr.3d 704]

nothing that lessens the prosecution's burden of proof or implicates a defendant's right to due process." ( People v. Williams (2000) 79 Cal.App.4th 1157, 1173, 94 Cal.Rptr.2d 727.)

[119 Cal.Rptr.3d 704]

Other Questions


In what circumstances will a jury interpret the instructions of a jury as permitting a conviction on a standard less than beyond beyond beyond the reasonable doubt? (California, United States of America)
Is possession alone sufficient to sustain a conviction for possession of property stolen in a burglary? (California, United States of America)
Is there a reasonable likelihood that the jury understood the instruction that a jury would not convict appellant of a charge of sexual assault simply because they concluded beyond a reasonable doubt? (California, United States of America)
Is possession of property stolen sufficient to sustain a conviction? (California, United States of America)
What is the test for establishing that possession of stolen property is sufficient to sustain a conviction for a theft-related crime? (California, United States of America)
Is possession of property stolen in a burglary sufficient to sustain a conviction? (California, United States of America)
Is evidence sufficient to convict a defendant beyond a reasonable doubt? (California, United States of America)
Does the absence of lingering doubt from a recitation of evidence the defense offered in an attempt to raise reasonable doubt raise a reasonable doubt? (California, United States of America)
Is possession of property stolen sufficient to sustain a conviction of burglary? (California, United States of America)
Can substantial evidence be sufficient to convict a defendant beyond a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.