NC · jury_instructions
N.C.P.I.—Crim. 241.11
[TRANSPORTING FOR OTHER THAN PERSONAL USE] [POSSESSING FOR PURPOSE OF SALE] OF SPIRITOUS LIQUOR FOR USE AS A BEVERAGE KNOWING IT TO BE POISONOUS. FELONY.
The defendant has been charged with [transporting for other than
personal use] [possessing for purpose of sale] spirituous liquor for use as a
beverage knowing it to be poisonous.
For you to find the defendant guilty of this offense, the State must
prove four things beyond a reasonable doubt:
First, that the defendant [transported for other than personal use]
[possessed for purpose of sale] spirituous liquor. Spirituous liquor is distilled
spirits or ethyl alcohol, including [spirits of [wine] [whiskey] [rum] [brandy]
[gin]] (and) [all (other) distilled spirits] (and) [mixtures of cordials] [liqueur]
(and) [premixed cocktails], in closed containers for beverage use regardless
of their dilution. 1 (The defendant possessed spirituous liquor if he was aware
of its presence, and (either by himself or together with others) had both the
power and the intent to control its disposition or use.)
NOTE WELL: If constructive possession of the spirituous liquor is
an issue, or if an amplified definition of actual possession is
needed, the trial judge should refer to N.C.P.I.—Crim. 104.41 for
further instructions.
If you find beyond a reasonable doubt that the defendant
[transported] [possessed] more than one gallon of spirituous liquor, you
may, but need not, find that he [transported] [possessed] it for [other than
personal use] [the purpose of sale].
Second, the State must prove that the defendant [transported]
[possessed] the spirituous liquor for use as a beverage.
Third, that the spirituous liquor contained foreign properties or
ingredients poisonous to the human system.
And Fourth, that the defendant knew or had reasonable grounds to
know of the foreign poisonous properties or ingredients.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant [transported for other than personal
use] [possessed for the purpose of sale] spirituous liquor for use as a
beverage, that it contained foreign properties or ingredients poisonous to the
human system, and that the defendant knew or had reasonable grounds to
know this, it would be your duty to return a verdict of guilty. If you do not
so find, or have a reasonable doubt as to one or more of these things, it
would be your duty to return a verdict of not guilty. 2
History
N.C.P.I.—Crim. 241.11 (Replacement August 2000). N.C. Gen. Stat. § 14-329(b). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
bf7f5637f58ad6a7411ee134e2653b1297d4f9b2377b4e628e0091f145570a35
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