37-620 Contraband; evidence; seizure and confiscation. - Nebraska Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter37 > 37-620

37-620. Contraband; evidence; seizure and confiscation.The possession by any person of any fish under lawful size as designated in the Game Law shall be evidence that the same was taken within the state. Possession within this state of the carcass of any game animal or game bird which has shot marks upon it shall be evidence that the same was taken in this state, and the burden of proving otherwise shall be upon the party in whose possession it is found. Whenever the contents of any box, barrel, package, or receptacle consist partly of contraband and partly of legal game or raw furs, the entire contents of such box, barrel, package, or other receptacle shall be seized and confiscated. Whenever a person has in his or her possession any game in excess of the number permitted by law, all game in his or her possession may be seized and confiscated. SourceLaws 1929, c. 112, VI, § 7, p. 435; C.S.1929, § 37-607; R.S.1943, § 37-607; Laws 1957, c. 139, § 15, p. 471; Laws 1989, LB 34, § 37; R.S.1943, (1993), § 37-607; Laws 1998, LB 922, § 310. AnnotationsQuestion as to whether court erred as to burden of proof raised but not decided. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954).

State Codes and Statutes

Statutes > Nebraska > Chapter37 > 37-620

37-620. Contraband; evidence; seizure and confiscation.The possession by any person of any fish under lawful size as designated in the Game Law shall be evidence that the same was taken within the state. Possession within this state of the carcass of any game animal or game bird which has shot marks upon it shall be evidence that the same was taken in this state, and the burden of proving otherwise shall be upon the party in whose possession it is found. Whenever the contents of any box, barrel, package, or receptacle consist partly of contraband and partly of legal game or raw furs, the entire contents of such box, barrel, package, or other receptacle shall be seized and confiscated. Whenever a person has in his or her possession any game in excess of the number permitted by law, all game in his or her possession may be seized and confiscated. SourceLaws 1929, c. 112, VI, § 7, p. 435; C.S.1929, § 37-607; R.S.1943, § 37-607; Laws 1957, c. 139, § 15, p. 471; Laws 1989, LB 34, § 37; R.S.1943, (1993), § 37-607; Laws 1998, LB 922, § 310. AnnotationsQuestion as to whether court erred as to burden of proof raised but not decided. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954).

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State Codes and Statutes

Statutes > Nebraska > Chapter37 > 37-620

37-620. Contraband; evidence; seizure and confiscation.The possession by any person of any fish under lawful size as designated in the Game Law shall be evidence that the same was taken within the state. Possession within this state of the carcass of any game animal or game bird which has shot marks upon it shall be evidence that the same was taken in this state, and the burden of proving otherwise shall be upon the party in whose possession it is found. Whenever the contents of any box, barrel, package, or receptacle consist partly of contraband and partly of legal game or raw furs, the entire contents of such box, barrel, package, or other receptacle shall be seized and confiscated. Whenever a person has in his or her possession any game in excess of the number permitted by law, all game in his or her possession may be seized and confiscated. SourceLaws 1929, c. 112, VI, § 7, p. 435; C.S.1929, § 37-607; R.S.1943, § 37-607; Laws 1957, c. 139, § 15, p. 471; Laws 1989, LB 34, § 37; R.S.1943, (1993), § 37-607; Laws 1998, LB 922, § 310. AnnotationsQuestion as to whether court erred as to burden of proof raised but not decided. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954).