Tennessee § 57-9-106 - Delivery of seized liquor to sheriff.

§ 57-9-106. Delivery of seized liquor to sheriff.

Every officer, other than the sheriff, taking into possession intoxicating liquors as provided for in § 57-9-103 , shall within five (5) days after so doing, deliver the intoxicating liquors to the sheriff of the county wherein the same was taken into possession, and the sheriff shall execute to the officer a receipt for same in writing showing the kind and quantity of intoxicating liquors so delivered, and the name or names of the person from whom the intoxicating liquors were taken, if such name be known to the officer. Acts 1919, ch. 50, § 3; Shan. Supp., § 6798a19b3; Code 1932, § 11226; T.C.A. (orig. ed.), § 57-607. NOTES TO DECISIONS 1. Presumption of Delivery of Liquor. 2. Officer Retaining Liquor. 3. Sufficiency of Indictment. 1. Presumption of Delivery of Liquor. In absence of contrary averment it will be presumed that the officers delivered the liquor to the sheriff as required by this section. Nichols v. State, 181 Tenn. 425, 181 S.W.2d 368, 1944 Tenn. LEXIS 387 (1944). 2. Officer Retaining Liquor. Constable who by order of magistrate retained liquor seized under search warrant issued under grounds (2), (3), and (4) of T.C.A. § 40-6-102 was not liable under indictment charging him with failing to turn liquor over to sheriff within five days pursuant to this section since it was duty of magistrate to retain the liquor under § 40-513 (repealed). State v. Yearwood, 169 Tenn. 181, 83 S.W.2d 894, 1935 Tenn. LEXIS 28 (1935). Where appellant seized six gallons of moonshine but did not report it or deliver it to the proper official, there was no merit in contention that the appellant did not know of these requirements. United States v. Murphy, 471 F.2d 676, 1972 U.S. App. LEXIS 6830 (6th Cir. Tenn. 1972). 3. Sufficiency of Indictment. Indictment for failure to comply with this section should charge that the defendants were officers, reference therein to this statute being insufficient to do so, but omission to so charge, not objected to, is cured by verdict of conviction. Mathis v. State, 164 Tenn. 81, 46 S.W.2d 44, 1931 Tenn. LEXIS 15 (1932).