State v. Momberg
North Dakota Supreme Court
Appeal from District Court, Bottineau county; Palda, J. Robert Momberg and Frank Bauer were convicted of keeping a liquor nuisance, and appeal. The court .erred in -this instruction: “By prima facie evidence is meant evidence which you must receive as conclusive unless the same is explained by -the defendants by other evidence produced before you in this case.”
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Appeal from District Court, Bottineau county; Palda, J. Robert Momberg and Frank Bauer were convicted of keeping a liquor nuisance, and appeal. The court .erred in -this instruction: “By prima facie evidence is meant evidence which you must receive as conclusive unless the same is explained by -the defendants by other evidence produced before you in this case.” State v. Barry, 11 N. D. 428, 92 N. W. 809. Prima facie evidence only means that such evidence is competent and sufficient to justify a verdict of guilty, if the jury is satisfied of the defendant’s guilt beyond a reasonable doubt.…
1Opinion of the CourtYoung, J.
The defendants were tried and convicted under an information charging them jointly with keeping and maintaining a common nuisance, and they have appealed from the judgment.
The record shows that at the trial the state, in support of its allegations that the defendants kept and maintained a place where intoxicating liquors were sold, introduced, in connection with the testimony of one Daley, a deputy sheriff, a United States government license for the sale of malt liquors, which he had taken from the walls of the building in which it is alleged the defendants maintained the nuisance. The trial…
2Cases cited3 opinions
- State v. Intoxicating LiquorsSupreme Judicial Court of Maine · 1888
- State v. BarryNorth Dakota Supreme Court · 1903
- State v. O'ConnellSupreme Judicial Court of Maine · 1889
3Cited by11 opinions
- People v. KayneMichigan Supreme Court · 1938
- Sellers v. StateCourt of Criminal Appeals of Oklahoma · 1915
- State v. LapointeSupreme Court of New Hampshire · 1924
- Schnoor Ex Rel. Schnoor v. MeineckeNorth Dakota Supreme Court · 1950
- State v. ShelbySupreme Court of Missouri · 1933
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