Thomas v. State

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Dewey county on a charge of having possession of six cases of beer, and his punishment fixed at a fine of $150 and confinement in the county jail for 30 days.

The defendant complains that the court erred in its instructions in placing the burden of proof upon the defendant. Instructions No. 6 and 7 read as follows:

“No. 6. The jury are instructed that if they find and. believe from the evidence in this case that the defendant did not have in his possession more than one cask of beer, or that he did not…