Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Arthur Humphreys, Defendant-Appellant

July 14, 196954 N.J. 406

Summary

The Supreme Court of New Jersey affirmed Humphreys' convictions for breaking and entering and for marijuana possession, but reversed his conviction for unlawful possession of a firearm in an automobile and remanded for a new trial. The Court held that the statutory language creating a presumption of possession was unconstitutional as applied because it shifted the State's burden of proof. It clarified that possession may be inferred, not presumed, and that the State must prove all elements beyond a reasonable doubt.