State v. Byam

Citations

• 23 Or. 568
• 32 P. 623
• 1893 Ore. LEXIS 64

Syllabus

<p>1. Evidence — Public Records.— The contents of public records cannot be proved by parol as a general proposition; and the question whether the contents of public records that are not within the jurisdiction of the court can be proved by persons skilled in such work, is not necessary to be decided here, since it is not shown that the records examined by the witness were public records.</p> <p>2. Criminal Law — ’Burden of Proof — Selling Land Without Having Title — Code, g 1783.— In criminal cases the burden of proof is always on the prosecution, and under an indictment for selling land without having title thereto, the burden of proof does not rest upon the defendant to show that he had title, but rests upon the prosecution to show by competent evidence that the defendant did not have title to the property conveyed.</p>