JIMMIE MCCLAIN

v.

STATE

Citator

Cited By

• State v. Young, 217 So. 2d 567 (Fla. 1968)
  ….Ed.2d 694, decided in June 1966 just prior to the trial of the case sub judice. The charge to the jury on this phase of the case was in two parts, one of which was taken verbatim from McClain v. State, supra, 185 So. 2d [*569] 707, cert. den. Fla., 192 So. 2d 498. The jury was charged, in effect, that the unexplained possession of goods recently stolen from a building that has been broken into and entered may warrant the inference that the possessor not only stole the goods but also broke and entered the bui…
• Palmer v. State, 323 So. 2d 612 (Fla. 1st DCA 1975)
  …ce in Criminal Issues, § 758, at 1509-11 (10th ed., 1912),3 and recently. Romanello v. State, 160 So. 2d 529 (Fla.App.1st, 1964), cert. den. 381 U.S. 915, 85 S.Ct. 1541, 14 L.Ed.2d 436; McClain v. State, 185 So. 2d 707 (Fla.App.2d, 1966), cert. den. 192 So. 2d 498 (Fla.1966); State v. Young, supra. Although the formulation of the inference remains much as stated in the trial court’s charge in this case, its rationale has been remarkably transformed in response to Fifth Amendment pressures. Formerly all empha…
• Shaw v. State, 209 So. 2d 477 (Fla. 1st DCA 1968)
  …85 S.Ct. 1541, 14 L.Ed.2d 436, this court held that an instruction similar to the one here questioned does not amount to a comment on defendant’s failure to take the stand. In McClain v. State, 185 So. 2d 707 (Fla.App.2d 1966), cert. denied, Fla., 192 So. 2d 498, the court, considering the propriety of a similar instruction in light of the Fifth Amendment to the United States Constitution and Section 12, Declaration of Rights of the Florida Constitution, F.S.A., held at page 708 of 185 So. 2d: “This proscr…

Authorities Cited

• McCLAIN v. State, 185 So. 2d 707 (Fla. 2d DCA 1966)