State v. Polk

Citations

• 66 Wash. 411
• 119 P. 846
• 1911 Wash. LEXIS 1086

Syllabus

<p>Intoxicating Liquors — Offenses—Illegal Sales — Local Option —Election—Evidence—Clerk’s Certificate — Admissibility. Under Rem. & Bal. Code, § 6297, providing that the result of a local option election may be proved by the clerk’s record of the official canvass or by the “official certificate” of the clerk, the clerk’s certificate reciting the final result is sufficient and admissible, without a certified copy of the details of the canvass.</p> <p>Same — Illegal Sales — Defenses—Instructions. In a prosecution for selling liquor in dry territory in violation of the local option laws, it is not error to refuse to give instructions as to defendant’s right to sell liquor as a physician, where there was no evidence of such right or any justification for the sale.</p> <p>Same — Illegal Sales — Evidence—Sufficiency. The clerk’s certificate required by Rem. & Bal. Code, § 6297, is sufficient prima facie evidence that local option was in force in the precinct.</p> <p>Same — Illegal Sales — Evidence of Sales — Sufficiency. The uncontradicted statement of one witness that a sale of liquor was made in a town in dry territory, is sufficient to support a conviction of selling liquor in violation of the local option law, although the exact place or boundaries of the town were not shown.</p>