Opinion

State v. Cobb

  • 444 S.W.2d 408
  • 1969 Mo. LEXIS 754
Court
Supreme Court of Missouri
Filed
Sep 8, 1969
Status
Published
Author
Donnelly
On the bench
Storckman, Henley, Finch, Morgan, Holman, Donnelly, Seiler
Cited by
119 cases
Authority
More cited than 8.1%

noting that the jury determines credibility and is free to disbelieve a defendant's innocent explanation of his possession of stolen property, even if the explanation is not impeached

How later courts described this case

  • noting that the jury determines credibility and is free to disbelieve a defendant's innocent explanation of his possession of stolen property, even if the explanation is not impeached
  • change in name of corporate owner

Written by the judges who cited it.

Distinguished

  • Distinguished by State v. Arnold, 1978 Mo. LEXIS 349 (1978)

    It is argued that Cobb is distinguishable on two grounds.
    Supreme Court of MissouriMar 13, 1978Read it

The opinion

DONNELLY, Judge

(dissenting).

I would apply the following rules to the facts in this case:

(1) A recent, unexplained, and exclusive possession of stolen property will support an inference of the guilt of the possessor.

(2) To “create an inference of guilt, the term ‘exclusive’ does not mean that the possession must be separate from all others * * State v. Oliver, 355 Mo. 173, 176 , 195 S.W.2d 484, 486 .

(3) However, in situations where joint possession is claimed, there must be other evidence to connect defendant with the offense. State v. Oliver, supra; State v. Crawford, 59 Utah 39 , 201 P. 1030 .

In my opinion, the “other evidence” adduced in this case is not sufficient to show defendant participated in the burglary.

I respectfully dissent.

SEILER, J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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