Title 3, Chapter 10, Section 14
( 3-10-14)
(a) In all prosecutions against any persons for manufacturing,
selling, offering for sale, keeping, or having or otherwise
disposing of distilled spirits, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence
may tend to show the defendant had manufactured, sold, bartered,
exchanged, furnished, given away, or otherwise disposed of,
possessed or possesses the same color, odor, and general appearance
or the same taste, color, and general appearance of a distilled
spirit. (b) The fact that a beverage in question is of the same color, odor,
and general appearance or of the same taste, color, and general
appearance as a distilled spirit shall constitute prima-facie
evidence that the beverage is a distilled spirit. (c) If the defendant claims the beverage in question is not a
distilled spirit even though it possesses the same color, odor, and
general appearance or the same taste, color, and general appearance
as a distilled spirit, the burden of proof shall be upon the
defendant to establish to the reasonable satisfaction of the judge,
court, or jury trying the case that the beverage in question is not
a distilled spirit and that it is a beverage which is not prohibited
by law to be manufactured, sold, offered for sale, or otherwise
disposed of. (d) The rule of evidence provided in this Code section shall be
applicable in all cases for the abatement of liquor nuisances and in
all prosecutions for violations of this chapter when it becomes
necessary to determine whether the beverage is a distilled spirit. |