§712-1228  Gambling offenses; prima facie
evidence.  (1)  Proof that a person knowingly possessed any gambling record
specified in sections 712-1224 and 712-1225 or any gambling device in section
712-1226 is prima facie evidence that the person possessed the record or device
with knowledge of its contents and character.



(2)  In any prosecution under this part in
which it is necessary to prove the occurrence of a sporting event, a published
report of its occurrence in any daily newspaper, magazine, or other
periodically printed publication of general circulation, shall be admissible in
evidence and shall constitute prima facie evidence of the occurrence of the
event. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1]



 



COMMENTARY ON §712-1228



 



  Offenses of possession of gambling records and gambling
devices pose a special problem regarding proof of the requisite knowledge of
the contents and character of the records or the device.  In cases which
require proof of the occurrence of sporting events, strict adherence to the
rules of evidence would force the prosecution in its case in chief to incur
great expense on an issue which may not realistically be in controversy. 
Therefore, this section provides two evidentiary rules designed to let the
prosecutor get the case to the jury in situations where direct evidence is
difficult or expensive to obtain and the weight of the logical inference in
each situation is sufficient to warrant the special rule.



  Act 201, Session Laws 1973, renumbered this section from §§712-1227
to 712-1228.