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eBook details

• Title: State v. Kepler Et Al.
• Author : Supreme Court of Montana
• Release Date : January 30, 1926
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Submitted October 18, 1926. Intoxicating Liquor — Unlawful Possession and Sale — Evidence — Maintaining Common Nuisance — Insufficient Evidence — Record on Appeal — Court Minutes — Presumption. Intoxicating Liquor — Unlawful Sale — Evidence — Sufficiency. 1. Evidence reviewed and held sufficient to support a verdict of conviction for selling intoxicating liquor. Same — Possession — What Constitutes. 2. The proprietor of a tailor-shop who knowingly permitted moonshine whisky to remain therein, taking an active part in dispensing a portion of it, was in possession of the liquor within the meaning of the prohibitory Act. Same — Moonshine Whisky — Possession Prima Facie Evidence of What. 3. Possession of moonshine whisky is necessarily unlawful and such possession is prima facie evidence that the whisky was kept for unlawful purposes. Same — Maintaining Common Nuisance — Sale on One Occasion Insufficient Evidence. 4. Evidence held insufficient to sustain a finding that defendant was guilty of maintaining a common nuisance by permitting liquor to be dispensed at his place of business, where it was not shown that he habitually used the place for a violation of the liquor law, the record disclosing the sale of moonshine whisky on a single occasion only. District Courts — Correction of Minutes — Presumption. 5. Where the trial court ordered a minute entry expunged it will be presumed that its action was proper, in the absence of a sufficient showing that it committed error in doing so. Trial — Continuance — Refusal — Absence of Bill of Exceptions — Alleged Error not Reviewable. 6. Alleged error in denying a defendant charged with crime a continuance where the motion was based upon an affidavit, is not reviewable on appeal in the absence of a bill of exceptions in the record including the affidavit.

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