§ 40-13-219 — Allegations concerning intoxicating liquor

(a) In the prosecution for the purchase of intoxicating liquor in violation of title 39, chapter 17, part 7, it shall not be necessary to allege in the indictment or presentment or to prove the name of the person from whom the intoxicating liquors were bought. (b) It shall not be necessary for the second or subsequent indictment or presentment for selling or tippling intoxicating liquors, bitters or other compounds in violation of title 39, chapter 17, part 7, to allege or charge a former indictment or presentment and conviction thereon for the violation. The original indictment or presentment and record of conviction or certified copies of the same from any circuit or criminal court shall be prima facie evidence of a former indictment or presentment and conviction on the indictment or presentment upon the trial for any second or subsequent violation of title 39, chapter 17, part 7. (c) In any indictment or presentment for receiving, possessing or transporting intoxicants in violation of §§ 39-17-703 - 39-17-706, it shall not be necessary to negate the exceptions contained in those sections, or that the intoxicating liquor was received, possessed, shipped or transported for any of the purposes set out in § 39-17-705 , but those exceptions may be relied upon as a defense and the burden of establishing the exception shall be upon the person claiming the benefit of the exception.

Legislative History

Acts 1905, ch. 422, § 2; 1917, ch. 5, § 2; 1917, ch. 12, § 8; Shan., §§ 6795a5, 6795a8, 6798a15; Code 1932, §§ 11211, 11213, 11222; modified; T.C.A. (orig. ed.), §§ 40-1823 -- 40-1825; Acts 1996, ch. 675, §§ 29-31.