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
 
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Page 69

1 Haw. 69 (Haw.Super. 1852)

THE KING

v.

M. M. WEBSTER.

Superior Court of Hawai'i.

April 1, 1852

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.

Mr. Bates for the Crown.

Mr. Montgomery for the defendant.

LEE, CHIEF JUSTICE

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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