State v. Demarce

Section 726.5, Code, 1946 [section 13210, Iowa Code, 1939], provides:

"No one shall, in any manner or for any purpose whatever, except wnder proceeding to destroy the same, have, keep, or hold in possession or control any * * * punch, hoard * * * or any other machines used for gambling * * (Italics supplied.)

The sole question presented on this appeal is whether the State, in a prosecution for violation of this statute, must negative the existence of the excepting circumstances mentioned in the part italicized above, in the absence of proof or claim by defendant to the contrary.

The trial court…