What is the burden of proving that room 219 was used as a cocaine factory?

California, United States of America


The following excerpt is from People v. Shoals, 10 Cal.Rptr.2d 296, 8 Cal.App.4th 475 (Cal. App. 1992):

The prosecution must prove that appellant opened or maintained room 219 for the purpose of selling the cocaine base. "Even where the statute provides that the unlawful possession of intoxicating liquor is prima facie evidence that such intoxicating liquor is possessed for the purpose of unlawful sale or disposition [which the court stated earlier in its opinion that the California [8 Cal.App.4th 492] statute does not], the presumption does not arise that the place or establishment where the liquor is kept, is conducted as a common nuisance, or is maintained as a place for the unlawful sale of intoxicating liquor." (People v. Mehra, supra, 73 Cal.App. at p. 171, 238 P. 802.)

Other Questions


What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
What is the legal test for proving a defendant has met their burden of proving that a cause of action has no merit? (California, United States of America)
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt? (California, United States of America)
What is the burden of proving that a tenant met his burden of demonstrating that he met his probability of prevailing on a claim under section 425.16? (California, United States of America)
What is the burden of proving that a party has met the moving party's burden? (California, United States of America)
Does a Respondent have an evidentiary burden to prove that a Defendant has met their initial burden? (California, United States of America)
In what circumstances will the court shift the burden of proving prejudice and proving laches to the state? (California, United States of America)
In what circumstances will a jury be instructed on the burden of proving imperfect self-defense? (California, United States of America)
What is the burden of proving a search warrant was obtained without a warrant? (California, United States of America)
What is the burden of proving delay and disruption to sentencing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.