Wininger v. State

LATTIMORE, Judge.

— Conviction for possessing intoxicating liquor for purpose of sale; punishment, one year in the penitentiary.

The court gave the following definition of prima facie evidence:

“ ‘Prima, facie evidence’ as that term is here used in the law, does not mean conclusive evidence; but it is such evidence as, unless and until it is overcome or rebutted or contradicted by other evidence, is sufficient in law to constitute proof of a fact.”

This was excepted to, among other things, for its failure to tell the jury that they must consider same together with all the facts and .circumstances…