CRIMINAL LAW AND PROCEDURE - EVIDENCE - PRESUMPTIONS

Authors

Abstract

The Alien Land Law of California forbids the acquisition of real property for agricultural purposes by aliens ineligible to citizenship; amendment 9b provides that proof of the acquisition of land by the defendant and of his being a member of a race ineligible to United States citizenship raises the presumption of ineligibility to citizenship against the defendant, and the burden is on him to show citizenship or eligibility thereto. Defendants, an American and a Japanese, were indicted for conspiracy to violate the act. No evidence as to the birthplace of the Japanese was adduced by either side, and both were convicted. They appealed on the ground that the statute denied equal protection of the laws. Held, the statute does not deny equal protection of the laws. The court added by way of dictum that due process is not denied in the creation of the presumption by the legislature. People v. Morrison, (Calif. 1932) 13 Pac. (2d) 800.

Recommended Citation

CRIMINAL LAW AND PROCEDURE - EVIDENCE - PRESUMPTIONS, 31 Mich. L. Rev. 571 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss4/16