State v. Muldoon

It was error for the trial court to give instruction No. 5, which laid down the rule of prima-facie evidence. While this instruction in the abstract correctly declared the law, it was inapplicable in this case for the reason that there was no proof offered at the trial proving or tending to prove that the yen shee was contained in a container or wrapped in such a manner as to be adaptable for the purpose of sale. Whether the same was so prepared is an evidentiary fact, capable of proof, and of which the jury could not take judicial notice or resort to common knowledge. This instruction was…