Miller v. State

Citations

• 105 Miss. 777
• 63 So. 269

Syllabus

<p>1. Sale of Cocaine. Illegal sale. Defenses. Burden of proof. Presumptions.</p> <p>In a prosecution for the unlawful sale of cocaine, it is not incumbent on the state to show that the sale was not made upon a physician’s certificate, but the burden of proof is on the defendant to show that it was so made if he relies upon this as a defense, that fact being peculiarly within his knowledge.</p> <p>2. Illegal Sales. . Qocaine. Defenses. Presumptions.</p> <p>In a prosecution for the unlawful sale of cocaine, there is a double ■ -p'rima facie presumption, first, that the person to whom a sale is made does not belong to the exception class of persons to whom the right to practice medicine or dentistry is given, and second, that as at one time he had no such right he has none -now.</p>