State v. Marcolini

KLEIN, Judge.

The appellee was charged with theft of electricity as a result of the discovery of a wire having been inserted in a hole which had been drilled in his electric meter. The statute under which he is charged provides that these facts constitute prima facie evidence of a violation of the statute, and the county court held this provision unconstitutional under the principle that the provision so restricts a fact-finder’s freedom to determine whether the evidence reflects guilt beyond a reasonable doubt as to amount to a denial of due process. In re Winship, 397 U.S. 358, 90 S.Ct.…