In what circumstances will the court strike down the appellant's claim that he had possession of recently stolen property?

MultiRegion, United States of America

The following excerpt is from U.S. v. Higginbotham, 539 F.2d 17 (9th Cir. 1976):

Finally, the appellant argues that the court erred in giving the customary instruction concerning inferences that the jury might draw from appellant's possession of recently stolen property. As part and parcel of the instruction, the court cautioned the jury that "If any possession the defendant may have had of recently-stolen property is consistent with innocence, or if you entertain reasonable doubt of guilt, you must acquit the defendant." And further cautioned them to: ". . . bear in mind that the defendant in this case need not prove anything since the burden of proof always rests on the government to prove the defendant guilty beyond a reasonable doubt." The challenged instruction has been approved by our court on countless occasions, including United States v. Tocki, 469 F.2d 655, 656-657 (CA9 1972); United States v. Gardner, 454 F.2d 534, 536-537 (CA9 1972), cert. denied 409 U.S. 867, 93 S.Ct. 164, 34 L.Ed.2d 116; United States v. Redd, 438 F.2d 335 (CA9 1971), cert. denied 402 U.S. 977, 91 S.Ct. 1681, 29 L.Ed.2d 143 (1962).

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