NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 897

HOUSE BILL 905

 

 

AN ACT TO REWRITE G.S. 14‑329 REGARDING THE PUNISHMENT FOR VARIOUS ACTS OF TRAFFICKING IN SPIRITUOUS LIQUOR CONTAINING FOREIGN PROPERTIES OR INGREDIENTS POISONOUS TO THE HUMAN SYSTEM.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 14‑329 is rewritten to read as follows:

"§ 14‑329.  Trafficking in, transporting, or possessing poisonous liquors. (a) Any person who, either individually or as an agent for any person, firm or corporation, shall manufacture for use as a beverage, any spirituous liquor which is found to contain any foreign properties or ingredients poisonous to the human system, shall be guilty of a felony and shall be punished by imprisonment in the State's prison not less than five years, and may be fined in the discretion of the court.

"(b)      Any person who, either individually or as agent for any person, firm or corporation, shall, knowing, or having reasonable grounds to know of the poisonous qualities thereof, transport for other than personal use, sell or possess for purpose of sale, for use as a beverage, any spirituous liquor which is found to contain any foreign properties or ingredients poisonous to the human system, shall be guilty of a felony and shall be punished by imprisonment in the State's prison for not less than twelve months, and may be fined in the discretion of the court.

"(c)       Any person who, either individually or as agent for any person, firm or corporation, shall transport for other than personal use, sell or possess for purpose of sale, any spirituous liquor to be used as a beverage which is found to contain any foreign properties or ingredients poisonous to the human system, shall be guilty of a misdemeanor and shall be punished by imprisonment for not less than six months, and may be fined in the discretion of the court. In prosecutions under this subsection and under subsection (b) above, proof of transportation of more than one gallon of spirituous liquor will be prima facie evidence of transportation for other than personal use, and proof of possession of more than one gallon of spirituous liquor will be prima facie evidence of possession for purpose of sale.

"(d)      Any person who, either individually or as agent for any person, firm or corporation, shall transport or possess, for use as a beverage, any illicit spirituous liquor which is found to contain any foreign properties or ingredients poisonous to the human system, shall be guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200.00), and may be imprisoned in the discretion of the court: Provided, anyone charged under this subsection may show as a complete defense that the spirituous liquor in question was legally obtained and possessed and that he had no knowledge of the poisonous nature of the beverage."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1961.