(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.)
Notes of Decisions
Cited in
2
cases, 2004–2007 · leading case:
Price v. Time, Inc., 304 F. Supp. 2d 1294 (N.D. Ala. 2004).
Price v. Time, Inc., 304 F. Supp. 2d 1294 (N.D. Ala. 2004).
· cites it 2× “”) (emphasis supplied); • Ala.Code § 13A-12-28(b) (1975) (1994 Replacement Vol.”
Wade v. State, 986 So. 2d 1212 (Ala. Civ. App. 2007).
“This allocation of the burden of proof is also reflected in § 13A-12-28, Ala. Code 1975. That statute addresses prima facie proof of gambling offenses and provides, in pertinent part: "(a) Proof of possession of any gambling device, as defined by subdivision (5) of Section…”
— Ala. Code § 13A-12-28(b) — 1 case
Price v. Time, Inc., 304 F. Supp. 2d 1294 (N.D. Ala. 2004).
“”) (emphasis supplied); • Ala.Code § 13A-12-28(b) (1975) (1994 Replacement Vol.”
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