OCR Text |
Show 'MOONSHINE' IS NOT RECOGNIZED IN EYES OF LAW (By International News Servlco ) SEATTLE, May 14. "Moonshine" toes not exist legally, Despite the fact that it Is the official offi-cial cognomen applied In Kentucky and Tennessee to the pure distillate of tho corn and more recently to the fiery beverage derived from the secret treatment of raisins, it has no standing in federal court. A decision handed down hero by Judge Neterer in United States district dis-trict court ruado thlB plain. An indictment was returned against L. P. Mars, an actor, charged with possession of "moonshine." A demurrer demur-rer ngalnst tho Indictment wan filed by tho actor's attorneys, holding that failure to deflno "moonHhlnn" invnii- datod tho indiotmont. And Judge Neterer hold that tho domurrcr was correct nnd dismlBaod tho charges. "Thoro Is no statement In the indiotmont in-diotmont that tho aloohollo spirits was wrongfully brought Into this country, or was Illegally in tho custody of any person, unless tho term 'moonshine' ohargos suoh a fact," said Judge Not-erer Not-erer In a written opinion, "The terms moonshine may have derived de-rived tho name from the fact that illicit il-licit conduct 1b frequently enacted at night, or at least in secret, and have relation to contraband intoxioants, like tho common law offense of 'owl-lng 'owl-lng 'applied to the offense of shipping wool or sheep out of the kingdom of England, That name is said to have its origin In the fact that it was carried car-ried on in the night when the owl was abroad, "It may not be said, howevor, that the term 'moonshine' in this country has attained that degree of judicial status when the court can judicially say that the term 'moonshine' in an j Indictment charges contraband intox- i leant, " "The demurrer is sustained," |