New York Court of Appeals

Albert Stover, in Error v. . the People of the State of New York, in Error.

April 7, 187456 N.Y. 315

Summary

The Court affirmed the judgment, holding that a jury instruction creating a legal presumption of guilt from possession of stolen property is erroneous and that the burden of proof remains on the prosecution; it also clarified the limited effect of good character evidence and that a defendant's failure to testify after electing to be a witness creates a presumption of guilt.