The opinion
Henry, C. J\,
Dissenting. — I do not concur. The court instructed the jury that one found in the possession of property, recently stolen, is presumed to be the thief, and, if he fails to account for his possession, in a manner consistent with his innocence, the presumption becomes conclusive against him. I do not think that this is, or ever was, the law, or ever ought to be.