Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-27
SUPREME COURT DECISIONS.
Court Hands Down Decisions In Blind
Pio Appeals,

about his place of business United
States revenue receipt Or license tor
the sale Of distilled malt or fermented
liquors, prima facie evidence that he
IL sailing and keeping for sale intoGi-
eating liquor contrary to law: It Is
held, that by prima facie evidence Is
meant competent evidence and evi.
dence which is legally sufficient to
justify the jury in finding the fact of
unlawful sales, provided 1t satisfies
chem beyond a reasonable doubt, but
not otherwise. It rs not conclusive
and ITO 80 instruct is error"
Appeal from the district court Of
Bottiheau county; Il J. Palda, Judge.
v. B. Noble, E. B. Goss, H. 8. Blood
and G. A. Bangs, for appellant.
A. G. Burr, states attorney of
Bottineau county, for respondent.
| Opinion by Young, J.
/ The defendants were tried and con:
Evicted under an information charging
them Jointly with keeping and main
taindng a common nuisance, and they
have appealed from the judgment.
The record shows that at the trial
the state, in support of its allegations
that the defendants kept and main
tanned a place where intoxicating
liquors were sold, introduced in CON
nectton with the testimony Of one
Daley, deputy sheriff, . United
States government license for the sale
Of malt liquors which he had taken
from the walls Of the building III
which it is, alleged the defendants
maintained the nuisance. The trial
Judge instructed the Jury as to the
legal effect of the license as follows:
81, charge you that the finding Of 4
United States license for the sale Of
malt liquors on these premises and In
the possession of these defendants, is
prima facte evidence Of their guilt, If
You find proof to your satisfaction be-
yond reasonable doubt as to that
and as to the other material allega-
ttons. BY prima facie evidence is
meant evidence which you must re-
cefve as conclusive unless the same is
explained by the defendants by other
evidence produced before you in the
case"
The court holds the instruction err
roneous and prejudical.
In the case OF State Of North Da-
kota, appellant, VS.. Hans Nelson,
respondent. The syllabus is as fol.
lows:
'sThe defendant and another pro
cured two kegs of beer without preyi-
GUS arrangement with anyone as to
the conditions under which it was TO
be disposed Of. ALI who came to the
place where it was kept were permit
ted to drink all they desired Of it.
Those drinking paid for what they
drank. generally forty cents. The
price was fixed by defendant and he
generally requested pay for it. Held,
that the facts are sufficient to show as
a matter of law that there was an I'M
lawful sale of the beer.
Appeal from the district court Of
Grand Forks county, Charles ]. Fisk,
Judge.
;. B. Wfneman, states attorney for
Grand Forks county; and B. G. skuiar
son, assistant states attorney for
Grand Forks county, for appellant.
o. A. Wilcox and Tracy r. Bangs,
for respondent.
| Opinion by Morgan, c. J.
| The defendant In this case was in
formed against tor rnlawfully selling
four glasses Of beer to one Lars
Isdacson:i The trial court advised the
jury to acQuit the defendant on motion
made by him after the state had rest.
ed, and b verdict OF not guilty was ac.
|cordingly returned by the jury. The
Estate appeals from the order advising
an acqMttal Whether the making OF
that order was error is the sole ques.
ton raised on the appeal.
The facts presented on the trial are
as follows: The defendant and one
Tigen went to the railway depot on
July 4, 1904, and each carried there.
from an eight gallon key Of beer to q
place under an elevator bridge on the
east side Of the railroad track al
Northwood, in Grand Forks county.
After reaching this point the defend.
ant and Tigen tapped one keg and
Those that had come there drank some
TOT the beer. Others came afterwards
and drank. Those that came there
and drank were not there by any
Drevtcus Invitation Of the defendant
Tor Tgen or through any understandings
With them Every one who came
there was permitted to drink and IL
dw{S1k All kd<xk hA = 4 IL. u,