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41-1002. Complaint, indictment or information; allegations as to quantity and kind; second offense; proof.

41-1002

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 10.--PROSECUTION AND ENFORCEMENT

      41-1002.   Complaint, indictment or information; allegations as toquantity and kind; second offense; proof.In any indictment, information, or complaint charging the violation ofany of the provisions of this act, it shall not be necessary to allege thequantity of such alcoholic liquor or the kind thereof further than toallege that the same was alcoholic liquor and, in case of sale, keeping forsale or delivery, it shall not be necessary to set out the name of theperson to whom sale or delivery has been made; and, in any prosecution fora second offense, it shall not be necessary to state in the indictment,complaint or information the record of the former conviction, but it shallbe sufficient briefly to allege such conviction. Proof of sale, delivery orunlawful disposition of alcoholic liquors to any person, not authorized bythis act to purchase or receive the same, shall be sufficient to sustainthe allegation of unlawful sale, delivery or disposition, as the case maybe.

      History:   L. 1949, ch. 242, § 102; March 9.

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