State v. Lesh

Lesh and Kairis were jointly charged with being jointists. Both were convicted, and the defendant Lesh has appealed. Complaint is made because the court gave the following instruction:

“ (1) I further instruct you that if the jury find beyond a reasonable doubt that the defendants were in possession of intoxicating liquor at the time and place charged, such possession and proof thereof is prima facie evidence that said intoxicating liquor was so held and kept for the purpose of unlawful sale and disposition thereof.”

This instruction was given under § 7329, Rem. Comp. Stat. [P. C. § 3185],…