61 Neb. 244 | Neb. | 1901
The defendant was convicted on two counts for selling-intoxicating liquors without a license, and on one count for keeping such liquors for the purpose of sale and with the intention of selling and disposing of the same without a license or druggist’s permit. It is argued that the conviction as to the last of the counts mentioned is wrongful and erroneous, because of the section of the statute under which the charge was made, providing that “the possession of any of said liquors shall be presumptive evidence of a violation of this chapter and subject the person to the fine prescribed in section eleven, unless after examination he shall satisfactorily account for and explain the possession thereof.” .
The validity of the statute is assailed on the ground that it denies the defendant a fair jury trial according to the course of the common law, by substituting the judg
Objection is made to one instruction on the ground that it failed to state that the keeping of intoxicating liquors must be with a present intention of selling the same. The time mentioned in the information was definite and certain. The instruction complained of is as follows: “The jury are instructed that it is not incumbent upon the state to prove any specific sale to any individual or any particular date under the allegations of the fourth count of the information, but that under said count the jury may consider any evidence of sales together with other circumstances which tend to prove that the defendant was keeping in his possession beer as charged in the fourth count with the intent of disposing of the same without first having procured a license, or druggist’s permit for the sale of the same, if any such facts are proven. You are further instructed that if you find from the facts proved, if any such are proved, that the defendant was on or about the--day of - 1900 keeping beer in his possession in the county of Lancaster and state of Nebraska, with the intention of disposing of the same without license or druggist’s permit, then and in that case you will find the defendant guilty as he stands charged in the fourth count of the information.” This, in view of other instructions, to the effect that, in order to convict, the proof must show possession for the purpose of sale at or about the time alleged in the information, is sufficient, and the failure to name the day and month is without prejudicial error.
It is also urged that no evidence was introduced of the filing of the statutory affidavit authorizing a search warrant for the liquor seized, and the order made directing the destruction of the same was erroneous. This pro
Perceiving no error in the record, the judgment is
Affirmed.