1 Haw. 69 (Haw.Super. 1852), The King v. Webster
|Citation:||1 Haw. 69|
|Opinion Judge:||LEE, CHIEF JUSTICE|
|Party Name:||THE KING v. M. M. WEBSTER.|
|Attorney:||Mr. Bates for the Crown. Mr. Montgomery for the defendant.|
|Case Date:||April 01, 1852|
|Court:||Superior Court of Hawai'i|
Syllabus by the Court
The onus probandi of showing the legal importation and payment of duties on liquors, rests on any party accused of smuggling.
The accused was arraigned upon an indictment for smuggling. The Court in their charge instructed the jury, that it was not incumbent upon the Crown to show that a person having liquors in his possession had not paid duties thereon, but that the burthen of proof rested upon the accused. CHIEF JUSTICE LEE remarked in his charge that to say, that the onus probandi of showing the legal importation and payment of duties on liquors, which burthen is imposed by statute upon legal traders, should not extend to the smuggler, would be not only unjust but absurd.
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