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158 Minn. 250

State v. Rasmusson

Supreme Court of Minnesota

Decided February 15, 1924

Supreme Court of Minnesota · decided 1924-02-15

Cited by 4 later decisions — most recently March 1932

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1924-02-15

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Pee Curiam.

¶1' This appeal after conviction of having in possession intoxicating liquor for the purpose of sale presents no new question of law.

¶2The facts have been examined from the standpoint of the assignments of error and we find no reason for disturbing the result. The verdict is supported by the evidence. The usual bottle was found by a deputy sheriff on premises then in charge of defendant. The find was made in his presence. It did not seem to surprise him. He did not deny ownership or make any affirmation of innocence such as would have been expected of one free from guilt of the charge with which he knew he was then confronted. A negative circumstance such as that may have a very affirmative and convincing effect upon a jury.

¶3The alleged new evidence was of such a character that it' did not compel a new trial. The order denying one was well within the discretion of the trial judge.

¶4Order denying new trial affirmed.

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