State v. Lapointe

The section of the statute making possession of intoxicating liquor an offense, unless the liquor was lawfully procured, also provides that “the possession of any intoxicating liquor within this state shall be prima facie evidence of violation of this section.” Laws 1919, c. 99, s. 4. At the outset the question arises as to what is here intended by the words prima facie evidence. Do they mean evidence which compels a finding, in the absence of other evidence (Copp v. Henniker, 55 N. H. 179, 205), or was it the purpose to make such evidence sufficient to invoke the judgment of the jury (State…