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60-1-5 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Exceptions to Chapter; Wine; Cider; Vinegar; Alcohol |
The provisions of this chapter shall not be construed to prevent any one from manufacturing (other than by “moonshine still”), from fruit grown exclusively in t… |
Proofed
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60-1-6 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Possession of Home Brew |
It shall be unlawful for any person to make, or to have in his possession, or on his premises, or on the premises of another, or elsewhere, or to have under his… |
Proofed
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60-1-7 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Possession of Moonshine Liquor |
Any person who has in his possession any quantity of moonshine liquor shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less th… |
Proofed
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60-1-8 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Possession of Mash |
It shall be unlawful for any person to make, or to have in his possession, or on his premises, or on the premises of another, or elsewhere, or to have under his… |
Proofed
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60-1-9 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Possession, Use or Gift of Liquor; In Home; Carrier |
It shall be unlawful for any person to keep or have, for personal use or otherwise, or to use, or permit another to have, keep or use, intoxicating liquors at a… |
Proofed
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60-1-10 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Liability of Members of Clubs |
Every person who shall directly or indirectly keep or maintain by himself or by associating with others, or who shall in any manner aid, assist or abet in keepi… |
Proofed
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60-1-11 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Transportation of Liquors Into or Within State; Purchase or Sale for Such Purpose |
It shall be unlawful for any railroad company, express company, aerial navigation company, bus company, taxi company, or any common carrier, or any officer, age… |
Proofed
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60-1-12 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Records of Transportation Companies, Use as Evidence |
All express companies, railroad companies and transportation companies within this State are hereby required to keep books in which shall be entered, immediatel… |
Proofed
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60-1-13 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Receiving Liquor From Carrier or Possession Thereof |
It shall be unlawful for any person in this State to receive, directly or indirectly, intoxicating liquors from a common or other carrier. It shall also be unla… |
Proofed
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60-1-14 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Intoxication; Operating Motor Vehicle When Under Influence of Liquor |
Any person found in a state of intoxication upon any street, road or alley or in any other public place, in this State, shall be guilty of a misdemeanor, and an… |
Proofed
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60-1-15 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Possession of Weapon During Violation of Chapter |
If any person shall unlawfully manufacture, transport, or sell liquor, as defined in section one of this article, and at the time of such manufacturing, transpo… |
Proofed
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60-1-16 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Impersonating Prohibition Officer |
Any person, not an officer, agent or employee of the United States, or of the State of West Virginia, charged with the enforcement of the prohibition laws of th… |
Proofed
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60-1-17 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Advertising, Transporting or Possessing Stills |
It shall be unlawful for any person to manufacture, sell or advertise any still, or distilling apparatus, or material for the manufacture of liquors, as defined… |
Proofed
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60-1-18 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Advertisement of Liquors |
If any person shall advertise or give notice by signs, bill boards, newspapers, periodicals or otherwise for himself or another of the sale or keeping for sale … |
Proofed
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60-1-19 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Personal Liability of Corporate Officer or Employee |
If any corporation or association shall violate any of the provisions of this chapter, any officer, agent or employee thereof acting for it in any such unlawful… |
Unreviewed
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60-1-20 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Termination of Tenancy for Violation of Chapter |
The owner of any real estate shall have the right to terminate any contract of lease or rent of such real estate and demand and have possession thereof whenever… |
Proofed
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60-1-21 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Cancellation of Business License for Violation of Chapter |
If any person holding a state or municipal license to conduct a business requiring the payment to the State or municipality of a license tax shall himself viola… |
Proofed
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60-1-22 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
General Provisions |
Action for Damages From Unlawful Sale of Liquor |
Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated pers… |
Proofed
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60-2-1 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Commissioner of Prohibition; Deputies and Agents |
The office of state commissioner of prohibition, heretofore created, is continued. The governor, on or before October first, nineteen hundred and thirty-three, … |
Proofed
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60-2-2 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Duties and Powers; Weapons; Annual Report |
It shall be the duty of the commissioner, his deputies and agents, to superintend the enforcement of all provisions of this chapter, to diligently inform themse… |
Proofed
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60-2-3 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Supervision Over and Rules and Regulations Governing Lawful Manufacture and Sale of Alcohol, Etc |
The manufacture of alcohol, wine, and other liquors, and the sale of the same by the manufacturer, by wholesale druggists and to other dealers shall be under th… |
Proofed
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60-2-4 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Warrants for Arrest or Search |
Every justice of the peace and every circuit, criminal or intermediate court, or the judge thereof in vacation, and every mayor of any city, town or village, up… |
Proofed
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60-2-5 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Examination; Commitment; Bonds |
If, upon examination of such person, it shall appear to such justice, court, judge or mayor, that there is probable cause to believe him guilty of the offense c… |
Proofed
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60-2-6 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Seizure and Destruction of Liquor; Prima Facie Evidence of Guilt |
Whenever liquors shall be seized in any room, building or place which has been searched under the provisions of this chapter, the finding of such liquors in suc… |
Proofed
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60-2-7 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Forcible Entry by Officers |
If in such house, building or place, as is hereinbefore mentioned, the sale, offering, storing or exposing for sale of liquors is carried on clandestinely, or i… |
Proofed
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60-2-8 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Jurisdiction of Justices; Reports; Disposition of Fines |
Justices of the peace shall have concurrent jurisdiction with the circuit court and other courts having criminal jurisdiction in their county for the trial of a… |
Proofed
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60-2-9 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Forms of Indictment; Duty of Prosecuting Attorney as to Second Offenses |
An indictment under section three, article one of this chapter shall be sufficient if in the form or effect following:
{{FIGURE type=form page=1454 id=60-2-9~f… |
Proofed
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60-2-10 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Bonds From Offenders for Observance of Statute |
In addition to the penalties prescribed for violation of any of the provisions of this chapter, the court may, in its discretion, when such conviction is had, r… |
Proofed
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60-2-11 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Liquor Nuisances; Forfeiture of Vehicles, Etc |
All houses, boat houses, buildings, club rooms, and places of every description, including drug stores, where liquors are manufactured, stored, sold or vended, … |
Proofed
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60-2-12 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Injunction Against Nuisance |
The commissioner, his agents and deputies, and the attorney general, prosecuting attorney, or any citizen of the county where such a nuisance as is defined in s… |
Unreviewed
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60-2-13 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Assistant to Prosecuting Attorney |
Any citizen or organization within this State may employ an attorney to assist the prosecuting attorney to perform his duties under this chapter, and such attor… |
Proofed
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60-2-14 |
Ch. 60 — PROHIBITION AND ITS ENFORCEMENT |
Enforcement Provisions |
Construction of Chapter |
This entire act shall be deemed an exercise of the police powers of the State for the protection of public health, peace and morals, and all of its provisions s… |
Proofed
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61-1-1 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Government |
Treason Defined; Degree of Proof |
Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted… |
Proofed
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61-1-2 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Government |
Punishment |
Whoever is guilty of treason against the State shall be punished with death, or, at the discretion of the jury, by confinement in the penitentiary not less than… |
Proofed
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61-1-3 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Government |
Failure to Give Information of Treason; Penalty |
If any person have any knowledge of treason against the State, and shall not, as soon as may be, give information thereof to the governor or some conservator of… |
Proofed
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61-1-4 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Government |
Attempt to Justify or Uphold Invasion or Insurrection; Penalty |
If any person shall attempt to justify or uphold an armed invasion of this State, or an organized insurrection therein, by speaking, writing, or printing, or by… |
Proofed
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61-1-5 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Government |
Unlawful Speeches, Publications and Communications |
It shall be unlawful for any person to speak, print, publish or communicate, by language, sign, picture or otherwise, any teachings, doctrines or counsels in sy… |
Proofed
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61-1-6 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Government |
Display of Red or Black Flag Unlawful |
It shall be unlawful for any person to have in his possession or to display any red or black flag, or to display any other flag, emblem, device or sign of any n… |
Proofed
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61-1-7 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Government |
Penalty for Violations of Two Preceding Sections |
Any person violating any of the provisions of sections five and six of this article, shall, for the first offense, be guilty of a misdemeanor, and, upon convict… |
Proofed
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61-1-8 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Government |
Desecration of Flag; Penalty |
Any person who for exhibition or display shall place, or cause to be placed, any words, figures, marks, pictures, designs, drawings, or any advertisement of any… |
Proofed
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61-2-1 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Person |
Murder; First and Second Degree Defined; Allegations in Indictment for Homicide |
Murder by poison, lying in wait, imprisonment, starving, or by any willful, deliberate and premeditated killing, or in the commission of, or attempt to commit, … |
Proofed
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61-2-2 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Person |
Penalty for Murder of First Degree |
Murder of the first degree shall be punished with death, except as provided in article three, chapter sixty-two of this Code. |
Proofed
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61-2-3 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Person |
Penalty for Murder of Second Degree |
Murder of the second degree shall be punished by confinement in the penitentiary not less than five nor more than eighteen years. |
Proofed
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61-2-4 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Person |
Voluntary Manslaughter; Penalty |
Voluntary manslaughter shall be punished by confinement in the penitentiary not less than one nor more than five years. |
Proofed
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61-2-5 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Person |
Involuntary Manslaughter; Penalty |
Involuntary manslaughter is a misdemeanor, and any person convicted thereof shall be confined in jail not to exceed one year, or fined not to exceed one thousan… |
Proofed
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61-2-6 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Person |
Homicide Punishable Within State if Injury Occurs Within and Death Without, or Vice Versa |
If any person be stricken, wounded or poisoned in, and die by reason thereof out of, this State, the offender shall be as guilty, and be prosecuted and punished… |
Proofed
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61-2-7 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Person |
Attempt to Kill or Injure by Poison; Penalty |
If any person administer, or attempt to administer, any poison or other destructive thing in food, drink, medicine or otherwise, or poison any spring, well, res… |
Proofed
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61-2-8 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Person |
Abortion; Penalty |
Any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to … |
Proofed
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61-2-9 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Person |
Malicious or Unlawful Assault; Penalty |
If any person maliciously shoot, stab, cut or wound any person, or by any means cause him bodily injury with intent to maim, disfigure, disable or kill, he shal… |
Proofed
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61-2-10 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against the Person |
Assault During Commission of or Attempt to Commit a Felony; Penalty |
If any person in the commission of, or attempt to commit a felony, unlawfully shoot, stab, cut or wound another person, he shall be guilty of a felony, and, upo… |
Proofed
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