8-16-12
Section 8-16-12 Possession of altered, etc., weight, measure or device prima facie evidence
of guilt. In all prosecutions for the violation of any laws relating to weights and measures,
the possession of a weight, measure or weighing or measuring device which has been altered,
changed or in any manner tampered with so that the same shall give a false or wrong weight
or measure in either buying or selling any commodity, thing or service shall be prima facie
evidence of the guilt of the person having the same in possession. (Ag. Code 1927, §244;
Code 1940, T. 2, §602.)...
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2-1-3
Section 2-1-3 Prima facie evidence of possession with intent to sell. The having in possession
of any article, substance, material or product, the sale of which is regulated under the provisions
of this title or any other provision of this Code or other statute which the Commissioner,
Department or Board of Agriculture and Industries is authorized or directed to administer
or enforce, by any person who manufactures, sells, keeps for sale, offers or exposes for sale,
serves, distributes or delivers the same shall be prima facie evidence of having in possession
with intent to sell, except, that this section or any of the penalties set forth in this title
or other such statute shall not apply to any common carrier when said article, substance,
material or product was received by said carrier for transportation in the ordinary course
of business and without actual knowledge of the adulteration, misbranding or under standard
grade, weight or measure claimed. (Ag. Code 1927, §3; Code 1940,...
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28-4-51
Section 28-4-51 Unexplained possession of part or parts of still, etc., deemed prima facie
evidence of violation of Section 28-4-50. The unexplained possession of any part or parts
of any still, apparatus, appliance or any device or substitute therefor commonly or generally
used for or that is suitable to be used in the manufacture of prohibited liquors and beverages
shall be prima facie evidence of a violation of Section 28-4-50. (Acts 1919, No. 737, p. 1086;
Code 1923, §4657; Code 1940, T. 29, §132.)...
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13A-12-192
Section 13A-12-192 Possession and possession with intent to disseminate obscene matter containing
visual depiction of persons under 17 years of age involved in obscene acts. (a) Any person
who knowingly possesses with intent to disseminate any obscene matter that contains a visual
depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse,
sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other
sexual conduct shall be guilty of a Class B felony. Any transfer of the visual depiction from
any electronic device to any other device, program, application, or any other place with storage
capability which can be made available or is accessible by other users, is prima facie evidence
of possession with intent to disseminate. (b) Any person who knowingly possesses any obscene
matter that contains a visual depiction of a person under the age of 17 years engaged in any
act of sado-masochistic abuse, sexual intercourse, sexual...
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28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor and
general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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13A-8-122
Section 13A-8-122 Possession of certain devices constitutes prima facie evidence of intent
to violate article. In a prosecution for a violation of this article, the existence on the
property and in the actual possession of the defendant of (1) any connection, wire conductor
or any device whatsoever, which is connected in such a manner as would permit the receipt
of cable television service without such service being reported for payment to and specifically
authorized by the cable television company or (2) the existence on the property and in the
actual possession of the defendant, where the totality of the circumstances, including quantities
or volumes, surrounding the defendant's arrest indicate possession for resale, of any device
designed in whole or in part to facilitate the performance of any of the illegal acts set
out in Section 13A-8-121, shall constitute prima facie evidence of the defendant's intent
to violate the provisions of this article. (Acts 1986, No. 86-228, p. 335,...
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8-16-10
Section 8-16-10 Seizure for evidence of incorrect, false, or unsealed weight, measure, device,
package, or commodity. The Commissioner of Agriculture and Industries or any local sealer
of weights and measures is authorized and empowered to seize for use as evidence, without
formal warrant, any incorrect, false, or unsealed weight, measure, weighing, or measuring
device, package, or amount of commodity found to be used, retained, or offered or exposed
for sale, or sold in violation of the law. (Ag. Code 1927, §239; Code 1940, T. 2, §598.)...

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8-16-56
Section 8-16-56 Weight certificate form; certificate deemed prima facie evidence of weight.
(a) The Commissioner of Agriculture and Industries shall prescribe the form of weight certificate
to be used by all public weighmasters in this state. (b) Such certificate shall state thereon
the kind of commodity, produce or article, the number of units of the same, the date of the
receipt of the commodity, produce or article, the owner, agent or consignee, the total weight
of the commodity, produce or article, the vessel, railroad, team, truck or other means by
which the commodity, produce or article was received, any trade or other mark thereon and
such other information as may be necessary to distinguish or identify the commodity, produce
or article from a like kind. (c) No certificate other than the one prescribed in this section
shall be used by any public weighmaster in this state, and when so made and properly signed,
such certificates shall be a prima facie evidence of such weights....
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13A-12-28
Section 13A-12-28 Prima facie proof of gambling offenses. (a) Proof of possession of any gambling
device, as defined by subdivision (5) of Section 13A-12-20 or any gambling record specified
in Sections 13A-12-24 and 13A-12-25 is prima facie evidence of possession thereof with knowledge
of its character or contents. (b) In any prosecution under this article in which it is necessary
to prove the occurrence of a sporting event, (1) a published report of its occurrence in any
daily newspaper, magazine or other periodically printed publication of general circulation,
or (2) evidence that a description of some aspect of the event was written, printed or otherwise
noted at the place in which a violation of this chapter is alleged to have been committed,
shall be admissible in evidence and shall constitute prima facie proof of the occurrence of
the event. (Acts 1977, No. 607, p. 812, §6130.)...
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13A-12-90
Section 13A-12-90 Possession, etc., of stamp prima facie evidence of violation of gambling
laws. The holding, owning, having in possession of, or paying the tax of a wagering occupational
tax stamp issued by the internal revenue authorities of the United States shall be held in
all the courts of this state as prima facie evidence against the person holding such stamp
in any prosecution of such person for violation of the gambling laws of this state. (Acts
1953, No. 741, p. 1005, §1; Code 1975, §13-7-130.)...
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