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Show IMPORTANT RULING IS MADE IN DRUG CASE Justioe of Peace Holds That State Does Not Have to Prove Negative Allegations. The state is not required to prove negative allegations as to the qualifications qualifica-tions of a defendant to possess drugs lawfully, according to a ruling made yesterday morning by Hugo B. Anderson, Ander-son, justice of the peace," in the case of Harry Howard Elmore, charged with unlawful possession of opium. The defense had moved for dismissal dismis-sal of the charge on the ground that the state had not proved negative allegations al-legations to the effect that Elmore was not qualified as a physician, pharmacist or otherwise to possess the drug under the law." Arguments, made by ".County Attorney Eirhard Hartley for "the' state and V. T. Gunter for the defense, were heard yesterday morning bv Justice Auder&bn. The' court finally held with the prosecution that the burden of proof should rest with the defendant, and refused to dismiss the case. Elmore has already been convicted in the Third district court on a charge of statutory offense against Ada Alva Heldman, a girl under age, and sentenced sen-tenced to serve an indeterminate term in the state prison. |