Va. Model Jury Instr. Crim. No. 12.500

If you believe from the evidence that [a dwelling house; an adjoining, occupied outhouse; an

office; a shop; a manufactured home; a storehouse; a warehouse; a banking house; a house; a ship; a

vessel; a river craft; a railroad car; an automobile used as a dwelling; a truck used as a dwelling; a

trailer used as a dwelling; a building permanently affixed to realty] has been broken into and goods

stolen therefrom and that the breaking and entering and theft of the goods were committed at the

same time, by the same person or persons, then proof of exclusive possession by the defendant of

recently stolen goods is a circumstance from which you may reasonably infer that the defendant

was the burglar unless, from all the evidence, you have a reasonable doubt as to whether the

defendant was the burglar.

You may not find from the possession of recently stolen goods alone that the defendant is guilty

of [burglary; statutory burglary].

The term “recently” is a relative term. The longer the period of time since the theft, the more

doubtful becomes the inference which may reasonably be drawn from the defendant’s possession

of the goods stolen.

“Exclusive possession” must be actual knowing possession.

[“Exclusive possession” may be joint with another or others but it must be under circumstances

which cause you to believe that the defendant has knowing joint possession. It is not shown when the

property is found on premises owned or occupied by others as well as the defendant, or in a place

where others had equal opportunity or right of access, unless there is a further showing of actual

knowing possession.]