Barnett v. State

On Petition for Rehearing.

The State asks for a rehearing in the above case, agreeing that the second paragraph of the syllabus of the above opinion states the rule of law as heretofore announced and followed by this court, but insisting that this court has overlooked the fact that “by the terms of 37 O.S. 1951 § 81, it is ‘payment’ of the special tax required of liquor dealers which constitutes prima facie evidence of the intention to violate the prohibitory liquor laws. * * *”

*153Continuing, it is argued by the Attorney General: “* * * and certainly where a dealer in liquor voluntarily pays for…