PRIMA FACIE EVIDENCE. 



69 



What constitutes Prima Facie Evidence of Violation of the Game Laws — Continued. 



state. 



South Dakota 



Tennessee . . . 

 Texas 



Utah 



Vermont 



Virginia . 



Facts. 



Possession of big game, or parts thereof, 

 in excess of bag limit. 



Exposure or offer for sale of quail 



Possession of game or birds in close sea- 

 son. 



Possession of game or birds in close sea- 

 son. 



Possession of moose or caribou 



Washington. 



West Virginia 



Wyoming . 



Finding of dogs of kind commonly used 

 to hunt deer, moose, and caribou, and 

 of other kinds known to follow such 

 game, in act of hunting, pursuing, or 

 killing deer, moose, or caribou. 



Possession of firearm, torch, jack, or arti- 

 ficial light on waters of the State or 

 shores tiiereof after sundown. 



Delivery to or reception by any per.son 

 or corporation of game birds for ship- 

 ment out of State. 



Possession of game by common carrier 

 in close season. 



Possession of gun larger than 8 bore and 

 sneak boats, nets, trap.s, reflectors, or 

 other unlawful appliances. 



Possession of game or parts thereof in 

 close season. 



Possession of Mongolian or English 

 pheasants, except for propagation. 



Possession or sale of nongame birds 



Possession of game, except number of 

 ducks, geese, brant, and snipe per- 

 mitted to be taken in November. 



Proof of possession of game in close sea- 

 son or song birds at any time. 



Pos.session of recently killed deeror fresh 

 deerskin, wild turkey, quail, pheasant, 

 or ruffed grouse in close season. 



Reception of above game for shipment 

 to point outside the State. 



E.xposure for sale of game in close sea- 

 son. 



Hindering or interfering with wardens 

 in their search of persons and places 

 for evidence of violation of law. 



Posse.ssion of tusks, hides, scalps, or 

 horns of game animals in excess of 

 number allowed by law. 



Pos.session of carcass, skin, scalp, ant- 

 lers, and tusks of game animals in ex- 

 cess of number allowed to be killed. 



Prima facie (or presumptive*) 

 evidence that — 



Law has been violated. 



Shipment is unlawful. 

 Possessor is guilty. 



Of unlawful taking, killing, or 



possession. 

 * It was killed in Vermont and 



contrary to law. 

 Such dogs were permitted to run 



at large in the forest and so 



hunt. 



♦Possessor is illegally hunting 

 ducks. 



They were killed and are possessed 

 for other purpose than con- 

 sumption within the State. 



*lt was taken in the State con- 

 trary to law. 



Of guilt of person possessing them 



Possessor is guilty. 



Taking or posses.sion is illegal. 



Defendant is guilty. 



* They were unlawfully taken by 

 possessor. 



Taking by possessor was illegal. 



* Possessor killed it. 



Same were killed for purpose of 



export. 

 Same was unlawfully killed or 



caught in West Virginia. 

 Person so doing has violated the 



law. 



Wanton and malicious waste, and 

 destruction of game has oc- 

 curred contrary to law. 



Possessor has exceeded the bag 

 limit. 



* Presumptive evidence. 



The Colorado provision declaring that the pamphlet containing the 

 game laws and regulations published by the State game and fish com- 

 missioner "shall be prima facie evidence and shall be taken as such in all 

 courts of this State of the existence of such laws, rules, and regulations," 

 might be adopted to great advantage in all those States issuing pamph- 

 lets of the game laws, since it would dispen.se with the necessity of pro- 

 curing a copy of the statutes, which are not always readily accessible. 



In Kansas it is unnecessary in any prosecution for the violation of 

 the game laws "to state in the complaint the true or ornithological 

 name" of a bird or "to state in the complaint or to prove at the trial 

 that the catching or killing or having in possession of an}^ wild bird 

 * * * was not for the sole purpose of using or preserving it as a 

 specimen for scientific jnirposes." 



In order to procure evidence of violation of game laws the game 

 protectors of Pennsylvania are authorized to purchase and sell any 



