Nickels v. State

Citations

• 33 Ohio C.C. Dec. 543
• 22 Ohio C.C. (n.s.) 236
• 1909 Ohio Misc. LEXIS 450

Syllabus

<p>CRIMINAL LAW — INTOXICATING LIQUORS</p> <p>1. Burden of Proof in Criminal Prosecutions on State,</p> <p>Upon the trial of criminal causes the law presumes the party charged with crime to be innocent, and the burden is on the prosecutor, unless a different rule has been provided by statute.</p> <p>2. Burden of Proof in Liquor Prosecutions Changed by Statute.</p> <p>Where the legislature has provided, as in Sec. 4364-20y R. S. (Sec. 6102 G. C.), that the keeping of intoxicating liquors in dry territory in any place except a drug store or private residence shall be prima facie evidence that such liquors are kept for unlawful sale, furnishing or giving away, the burden of proof is changed and a conviction will be sustained upon evidence of this fact alone.</p>