BARNES V. UNITED STATES
412 U.S. 837 (1973)
NATURE OF THE CASE: This was an appeal from a conviction of various counts of possession
of stolen checks, forging checks, and uttering checks.
FACTS: D opened a checking account using a false name. D then took four checks belonging
to four different parties and cashed them into his false account. Each check bore the
apparent endorsement of the payee and a second endorsement by D. At trial the four payees
testified that they have never received, endorsed, or authorized endorsement of the checks.
Handwriting expert testimony revealed that D had signed the names on all the checks. The
trial court instructed the jury that possession of recently stolen property if not
satisfactorily explained is ordinarily a circumstance from which you may reasonably draw the
inference that the person knew they have been stolen. D was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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