State v. . Lowry
Supreme Court of North Carolina
INDICTMENT for retailing- spirituous liquors in quantity less than a quart, without license, tried before his Honor Judge Watts, at Fall Term, 1875, of tbe Superior Court of War— reN county.
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INDICTMENT for retailing- spirituous liquors in quantity less than a quart, without license, tried before his Honor Judge Watts, at Fall Term, 1875, of tbe Superior Court of War— reN county. The jury returned the folio-wing special verdict: That the defendant was not a regular dealer in spirituous, liquors, but that he made wine from blackberries, in the usual way, without adding brandy or whisky to the wine in the making; that the defendant was a shoemaker, and used a house on the side of the public road as his place of business; that he kept a barrel of blackberry wine in this shop, from…
1Opinion of the CourtRodman, J.
If the question presented by the case was the general one, whether, what is called blackberry wine always or usually contains alcohol, and so would come under the head of spirituous liquors, it would be a question of fact on which we could give no decision. We may be allowed to assume as. matter of common knowledge, that when first pressed from the berries it contains no alcohol. After it has remained a. certain time, the length of which depends on the temperature and perhaps on other causes, it will, especially if the berries were fully ripe, or if sugar has been added, undergo a fer…
2Cited by12 opinions
- State v. . GierschSupreme Court of North Carolina · 1887
- State v. . BlueSupreme Court of North Carolina · 1881
- State v. . BraySupreme Court of North Carolina · 1883
- State v. BloodworthSupreme Court of North Carolina · 1886
- State v. HannerSupreme Court of North Carolina · 1907
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