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27 Utah 2d 13

492 P.2d 978

State v. Heath

Utah Supreme Court

Decided January 11, 1972

Utah Supreme Court · decided 1972-01-11

Cited by 6 later decisions — most recently April 1991

4 state decisions

Key passage — most relied on by later courts

“The mere possession of stolen property unexplained by the person in charge thereof is not in and of itself sufficient to justify a conviction of larceny of the property. It is, however, a circumstance to be considered in connection with the other evidence in the case in the determination of the guilt or innocence of the possessor. Such possession is a circumstance tending in some degree to show guilt, although it is not sufficient, standing alone and unsupported by other evidence to warrant a conviction. In addition to the proof of the larceny and of the possession by the defendant, there must be proof of corroborating circumstances tending of themselves to show guilt. Such corroborating circumstances may consist of the acts, conduct, falsehoods, if any, or other declarations, if any, of the defendant which tend to show his guilt.”

quoted by 2 later decisions, including State v. Clayton, State v. Smith

“The mere fact that a person was in conscious possession of recently stolen property is not sufficient to justify a conviction of theft. There must be proof of other circumstances tending of themselves to establish guilt. However, such proof need not be established by additional evidence or witnesses if you find that the possession occurred under circumstances which warrants [sic] a finding of guilty. In this connection you may consider the defendant’s conduct, any false or contradictory statements, and any other statements the defendant may have made with reference to the property. If the defendant gives a false account of how he acquired possession of stolen property this is a circumstance that may tend to show guilt. In the absence of evidence as to why the defendant was in possession of recently stolen property, you may infer that the defendant stole the property.”

quoted by 1 later decision, including State v. Smith

Relies on State v. Kinsey · State v. Laris

Good law ✅— No negative treatment on recordhow we know

Decided 1972-01-11

View the full empirical analysis of this case →

ELLETT, Justice:

¶1The appellant appeals from a conviction of grand larceny. The evidence shows that he was driving a car about ten or fifteen minutes after it had been stolen. When a highway patrol officer stopped him, the appellant immediately drove away at a high and dangerous rate of speed. Capture was effected only after the officer had crashed into the stolen car and after the appellant fled therefrom.

¶2The State proved the foregoing and rested. The appellant moved for a dismissal on the ground that the State had not proved a case of larceny based upon Section 76-38-1, U.C.A.19S3, which reads:

Larceny is the felonious stealing, taking, carrying, leading or driving away the personal property of another. Possession of property recently stolen, when the person in possession fails to make a *15satisfactory explanation, shall be deemed prima facie evidence of guilt.

¶3The appellant claims that the State should have proved that he failed to make a satisfactory explanation of his possession and cites some old Utah cases to support his contention.1

¶4Under recent cases of the United States Supreme Court practically preventing an officer from conversing with a defendant who is in custody, it would be pretty difficult for an officer to find out from a defendant how he came into possession of the recently stolen property, and then be able to tell the jury what was said.

¶5The mere possession of stolen property unexplained by the person in charge thereof is not in and of itself sufficient to justify a conviction of larceny of the property.2 It is, however, a circumstance to be considered in connection with the other evidence in the case in the determination of the guilt or innocence of the possessor. Such possession is a circumstance tending in some degree to show guilt, although it is not sufficient, standing alone and unsupported by other evidence, to warrant a conviction. In addition to the proof of the larceny and of the possession by the defendant, there must be proof of corroborating circumstances tending of themselves to show guilt. Such corroborating circumstances may consist of the acts, conduct, falsehoods, if any, or other declarations, if any, of the defendant which tend to show his guilt.

¶6While an accused need not give evidence against himself in a criminal case, still one who is found in possession of recently stolen property is bound to explain such possession in order to remove the effects of the possession as a circumstance pointing to his guilt; and if he gives a false account of how he acquired that possession, or if he claims to be the owner of the property stolen, or if he flees or attempts to flee when discovered, or having a reasonable opportunity to show that his possession was honestly acquired he fails or refuses to do so, such conduct would be a circumstance which would tend to show guilt.

¶7In the instant case the appellant was discovered driving the automobile within a few minutes after it was stolen. When stopped by the officer, he fled and did not stop until the car he was driving was disabled. Even then he attempted to flee on foot and surrendered only when he was confronted with a sawed-off shotgun in the hands of the officer. This conduct was sufficient, when considered in the light of the very recent taking of the car, to justify the refusal of the trial court to discharge *16the defendant at the end of the State’s case.

¶8Even if the State’s evidence did not disclose how the appellant came into possession of the stolen property, such a failure was supplied by the defendant himself, who voluntarily took the witness stand and gave an explanation of his possession of the car which the jury could hardly have believed.

¶9The appellant was not required to explain to the satisfaction of the arresting officer how he became possessed of the stolen car. His duty was to explain to the satisfaction of the jury that his possession was properly acquired, and this he failed to do.

¶10The possession of property recently stolen is competent evidence in a case of larceny and is not made more so by the statute.3

¶11The appellant further makes the contention that he was not properly represented by his counsel. This argument is one commonly made by criminals. However, the record in this case belies the contention, and we think there is no merit to the claim.

¶12The judgment and sentence of the trial court are affirmed.

CALLISTER, C. J., and TUCKETT and HENRIOD, JJ., concur.

¶13. See State v. Kinsey, 77 Utah 348, 295 P. 247 (1931).

¶14. Id.

¶15. State v. Laris, 78 Utah 183, 191, 2 P.2d 243 (1931).

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