Respondent was convicted of the offense of selling intoxicating liquor without first having paid the annual tax required by section 5385, 2 Comp. Laws. He asks us to set aside his conviction for several reasons.
1. George Mitchell, a boy between 10 and 11 years of
2. Upon rebuttal the people were permitted to prove the condition of defendant’s premises subsequent to the date of the alleged commission of the offense. The argument of respondent’s counsel assumes that it would have been competent to introduce this testimony before the people had rested their case. See People v. Hicks, 79 Mich. 457. But it is argued that it was an abuse of discretion for the trial court to permit it to be introduced in rebuttal. Assuming, as we must, that the testimony was admissible, we cannot say that there was any error in admitting it on rebuttal, for the objection to its being so admitted was not raised on the trial by respondent’s counsel.
3. It is contended that the court erred in refusing to charge the jury, as requested, that defendant was presumed to be a man of good character. There was no testimony upon this subject. Under such circumstances there was, of course, no presumption that defendant was a man of bad character. Is there a presumption that defendant was a man of good character? There is high authority for saying that there is. See Mullen v. U. S.,
“ This inconsistently gives him the untrammelled benefit of evidence which if he had introduced might have been disputed. What really happens, or ought to, is that the defendant’s character is simply a non-existent quantity in the evidence. This distinction has sometimes been expressly pointed out; Addison v. People, 193 Ill. 405; Knight v. State, 70 Ind. 380.”
We approve and adopt the rule stated by Mr. Wigmore, and therefore overrule the objection under consideration.
4. It is contended that the law regulating the sale of intoxicating liquors in this State is unconstitutional. The questions raised by this argument are not open ones in this State. See Robison v. Miner, 68 Mich. 549; People v. Luby, 99 Mich. 89.
The conviction is affirmed.