State v. . Burton

The defendant was charged with violating chapter 347, Laws 1901, forbidding the sale or manufacture of spirituous, vinous, or malt liquors in Duplin County. Section 1 of the act concludes: "Provided, that this act shall not be so construed as to apply to wine or cider manufactured from grapes, berries, or fruit raised on the lands of the person so manufacturing the same." The bill of indictment charged the sale of vinous liquors. It contained no averment that the liquors sold were not manufactured from grapes raised on the lands of the defendant.

Defendant made a motion to quash, for that no…