Bush v. State

In Bush v. State, 541 S.W.2d 391 (Tenn. 1976), three defendants were convicted of second degree burglary. Id. Defendant Marvin Bush's fingerprints were recovered from the firearms, and Bush's girlfriend testified that Jerry Bolton, another defendant, arrived at her residence around the time of the burglary, advised Bush that he had obtained some guns, and procured transportation to town from Bush. See id. at 393. Bush returned alone, and she then accompanied Bush back to town. Bush, Bolton, Billy Walker, and Shadrack Dean, the third defendant, assembled around the open trunk of Dean's car at Walker's cafe. See id. at 393. An investigator recovered the guns from Walker, who testified that Bush and Dean brought the guns to him and sold them to him. See id. at 394. The Supreme Court opinion reiterated "the generally approved rule that proof of possession of recently stolen goods gives rise to the inference that the possessor has stolen them," even if possession is the sole basis for conviction and is "'rebutted by evidence that is not patently false'" or "'explained in a credible fashion.'" Id. The presumption may survive contradictory evidence, "even the positive testimony of witnesses." Id. at 395-96. Conversely, the possession alone does not "raise a conclusive presumption of guilt" but rather an inference on a continuum, from near certainty to questionable likelihood of guilt. See 541 S.W.2d at 396. The accompanying facts determine the locus on this continuum. See id.