State v. Gierscii

• Decision Date: 12 December 1887
• Parties: State v. Gierscii.
• Court: North Carolina Supreme Court

4 S.E. 193

98 N.C. 720

State

v.Gierscii.

Supreme Court of North Carolina.

December 12, 1887.

1, Intoxicating Liquobs—Sale op Spirituous Liquoks—Wine and Beer.

The term "spirituous liquors, " as used in Code N. C. 3110-3116, relating to the prohibition of the sale of spirituous liquors, includes fermented liquors, such as wine and beer, as well as distilled liquors.

Appeal from superior court. Wake county; J. H. Mkrrimon, Judge.

The defendant, Giersch, was indicted for selling wine and beer in Raleigh township. Wake county. North Carolina, when by law the sale of spirituous liquors was prohibited. Giersch had been granted a license by the county commissioners to sell vinous and malt liquors. On the trial the court instructed the jury to return a verdict of not guilty, on the ground that wine and beer were not spirituous liquors. The state appealed.

The Attorney General, for the State. E. C. Smith, C. M. Busbee, and Batohelor & Beveretix, for defendant.

Merrision, J. It appears that the sale of spirituous liquors was prohibited within Baleigli township, within the county of Wake, as provided and allowed by the statute, (Code, §§ 3110-3116;) that, while the sale of such liquors was so prohibited, the defendant sold for a price, to a certain person within that township, one glass of lager-beer and also one glass of wine, both being intoxicating liquors, and containing alcohol produced by fermentation, not by distillation, and neither containing any foreign admixture of spirituous liquors; that, at the time of such sale, the defendant had a license granted to him by the sheriff of the county named, in pursuance of an order made by the county commissioners of the same county while the sale of spirituous liquors was so prohibited, purporting to allow him to sell vinous and malt liquors within the township named, at the place where the sales mentioned were made. The defendant was indicted for so selling the lager-beer and wine mentioned, and pleaded not guilty. On the trial the jury rendered a special verdict, the material facts of which are above set forth. The court, being of opinion that the sale of lager-beer and wine was not a violation of the statute so prohibiting the sale of spirituous liquors within the township mentioned, directed a verdict of not guilty to be entered, which was done, and thereupon judgment was entered for the defendant, from which the solicitor for the state appealed to this court.

The statute, (Code, §§ 3110-3116,) as applied in this case, prohibits the sale of spirituous liquors, any spirituous liquors, —within Raleigh township, in the county of Wake; and the question presented for our decision by the assignment of error in the record is, what is meant by the words "spirituous liquors, " "any spirituous liquors, " as used and'applied in the statute to be interpreted, and, particularly, does the inhibition extend to the sale of wine and lager-beer V It is contended by the counsel for the defendant that these words extend to and embrace only distilled spirits; on the other hand, the attorney general insists for the state that they, are used in a comprehensive and remedial sense, and embrace all kinds of intoxicating liquors, including wine and lager-beer, except in so far as domestic wine is expressly excepted. the term "liquor, " in its most comprehensive signification, implies fluid substances generally, such as water, milk, blood, sap, juice; but in a more limited sense, and its more common application, it implies spirituous fluids, whether fermented or distilled, such as brandy, whisky, rum, gin, beer, and wine, and also decoctions, solutions, tinctures, and the like fluids in great variety. The term "spirit" or "spirits" has a general meaning as applied to fluids, mostly of a lighter character than ordinary water, obtained but not produced by distillation, but, as applied particularly to liquors, they signify the essence, the extract, the purest solution, the highly rectified spirit, the pure alcohol contained inthem. The spirit of liquors is really the alcohol in them. It is this character-. istic, this essential element, that makes them spirituous, —that gives to all liquors of whatever kind their intoxicating quality and effect. Alcohol, this essential element in all spirituous liquors, is a limpid, colorless liquid. To the taste, it is hot and pungent, and it has a slight and not disagreeable scent. It has but one source, the fermentation of sugar and saccharine matter. It comes through fermentation of substances that contain sugar proper, or that contain starch, which may be turned into sugar. All substances that contain either sugar or starch, or both, will produce it by fermentation. It is a mistake to suppose, as many persons do, that it is really produced by distillation. It is produced only by fermentation, and the process of distillation simply serves to separate the spirit: —the alcohol—from the mixture, whatever it may be, in which it exists.

That what we have thus said is, in substance, true and correct, every one knows who is familiar with the terms defined, the nature of alcohol, the method of its production, and who has accurate knowledge of the essential elements and qualities of spirituous liquors. "Spirituous" means containing, partaking of, spirit; having the refined, strong, ardent quality of alcohol in greater or less degree. Hence spirituous liquors imply such liquors as above defined, —as contain alcohol, and thus have spirit, —no matter by what particular name denominated, or in what liquid form or combination they may appear. Hence, also, distilled liquors, fermented liquors, and vinous liquors are all alike spirituous liquors. These liquors, respectively, may have different degrees of spirit in point of fineness and strength. Distilled liquors may be stronger or weaker according to the quantity and quality of the alcohol in them, and so of the other kinds mentioned. We know from common observation and knowledge, and it is a generally admitted physical fact, not denied in this case, that lager-beer and wine contain alcohol, and, generally, in such quantity and degree as to produce intoxication. These liquors are therefore spirituous, and obviously come within the meaning and are embraced by the words "spirituous liquors" as used in the statute, unless there is something in the latter that shows that these words were intended to have a more limited application, and to exclude such beer and wine. The closest, reasonable scrutiny of the statute, its terms, phraseology, connections, and purposes, shows no such narrow application of the words "spirituous liquors" employed in it as to exclude such beer and wine. But we think the contrary plainly appears. The terms used are, severally and taken together, broad and sweeping, not exceptive or limiting but in a single respect, presently to bo mentioned, and the manifest purpose is to prevent and suppress drunkenness, and the attendant evils produced by the free use of intoxicating spirituous liquors. The terms are not "any distilled spirituous liquors, " not "any fermented spirituous liquors, " but they are "spirituous liquors" and "any spirituous liquors." How sweeping

The purpose being obvious, the language of the statute, its parts and its whole, must receive such reasonable interpretation as will effectuate the purpose. This is the rule of interpretation of constant application to all statutes, whatever their nature or purpose. Hines v. Railroad, 95 N. C. 434. Here there is no need of strained interpretation of terms or phraseology or purpose. These are plain, easily seen and understood. As we have seen, "spirituous liquors" embrace lager-beer and wine by reason of their nature, and the effects produced by the use of them. If the purpose of the statute is to prevent drunkenness by prohibiting the sale of spirituous liquors, is it not plain to the mind of the simplest observer that such purpose...