People v. Benevides

In People v. Benevides, 71 Mich App 168, 174-176; 247 NW2d 341 (1976), the Court stated: "'Possession of stolen property within a short time after it is alleged to have been stolen raises a presumption the party in possession stole it, and this presumption is either weak or strong depending upon the facts.'" The evidence in Benevides established that a truck was observed by a neighbor at the home where the break-in occurred, that the lights in the burglarized house were turned on and the side door was open, that the owner of the home was on vacation, and that property stolen from the home was discovered in the truck and on the defendant's person a short distance from the break-in. Id. at 170-171.