In some cases, courts have given the instruction that possession by the defendant of recently stolen property raises an inference of guilty knowledge of the theft. Recent cases indicate that:
a.this type of instruction is generally considered to be grounds for error and the case will be reversed.
b.such instructions are generally approved if the possession is unexplained and the possession is fairly recent, even though it may seem to appear that the defendant is being forced to prove his innocence.
c.all states now reject the “recent possession and the presumption arising therefrom” doctrine since there are probably numerous explanations that are not consistent with the presumption.
d.this instruction establishes a conclusive presumption and cannot be rebutted.
