Wright v. West, 505 U.S. 277, 6 (1992)

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282

WRIGHT v. WEST

Opinion of Thomas, J.

the television sets in an entirely separate transaction in Goochland County, from an individual whose name he had forgotten. Finally, West testified that he did not remember how he had acquired the second television, the coffee table, and the silverware.

Under then-applicable Virginia law, grand larceny was defined as the wrongful and nonconsensual taking of property worth at least $100, with the intent to deprive the owner of it permanently. See Va. Code Ann. § 18.2-95 (1975); Skeeter v. Commonwealth, 217 Va. 722, 725, 232 S. E. 2d 756, 758 (1977). Virginia law permits an inference that a person who fails to explain, or falsely explains, his exclusive possession of recently stolen property is the thief. See, e. g., Moehring v. Commonwealth, 223 Va. 564, 568, 290 S. E. 2d 891, 893 (1982); Best v. Commonwealth, 222 Va. 387, 389, 282 S. E. 2d 16, 17 (1981). The trial court instructed the jurors about this permissive inference, but warned that the inference did not compromise their constitutional obligation to acquit unless they found that the State had established every element

"A I buy and sell different items from different individuals at flea markets.

"Q Tell us where that market is. "A In Richmond. You have them in Gloucester. "Q Where is Ronnie Elkins' flea market? "A He does not have one. "Q Didn't you say you bought some items from Ronnie Elkins? "A At a flea market. "Q Tell the jury where that is at [sic]. "A In Gloucester. "Q Tell the jury about this flea market and Ronnie Elkins, some time around January 1, and these items, not the other items.

"A Ronnie Elkins does not own a flea market. "Q Tell the jury, if you will, where Ronnie Elkins was on the day that you bought the items?

"A I don't remember. It was before January 1. "Q Where was it? "A I bought stuff from him in Richmond, Gloucester, and Newport News." Id., at 26-27.

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