People v. Willis

In People v. Willis, 60 Mich App 154; 230 NW2d 353 (1975), a metal candy box was found in the backyard of a burglarized residence. A fingerprint lifted from the box matched the defendant. The defendant contended that his fingerprints could have innocently been placed on the box either before or after the burglary and that the prosecution had the burden of rebutting the presumption that his fingerprints were not innocently placed on the candy box. Willis, supra at 156-158. The Court held: The box from which the latent fingerprint was taken had been kept in a bureau drawer in the owner's house for over a year, ever since the box had been received as a gift from a friend. Whether Willis could reasonably have touched the box prior to its coming into the possession of its present owners in such a way that his fingerprint would remain was a jury question. Similarly, whether Willis innocently touched the box after the burglary, given the limited three-hour period the victims were away from their home and the close proximity of the box to the house, was also a question to be answered by the trier of fact. Id. at 159.