The validity of the act of Congress, commonly known as the Webb-Kenyon Law, chapter 90, Public Statutes Anno. Supp., 1914, p. 208, and our State legislation passed in reference thereto, notably chapter 97, Laws 1915, and chapter 44, 1913, has been established in this jurisdiction so far as the question can be settled by State decision. Glenn v. Express Co., 170 N. C., 286; S. v. R. R., 169 N. C., 295, and other like cases.
As a matter of form, in respect to the feature of the charge that the unlawful delivery of the quantity specified was to “a person or persons to the jurors unknown,” the bill of indictment has been held sufficient, S. v. Dowdy, 145 N. C., 432; S. v. Tisdale, 145 N. C., 422; and the principal question presented is whether, on the facts contained in the special verdict, the defendant is guilty of the offense, under the statute, charged against him in the bill. The part of the law more directly relevant to the inquiry, chapter 97, Laws 1915, section 1, is as follows: “That it shall be unlawful for any person, firm, or corporation, or any agent, officer, or employee thereof to ship, transport, carry, or deliver, in any manner or by any means whatsoever for hire or otherwise, in any one pack*807age or at any one time, from a point witbin or without this State, to any person, firm, or corporation in this State, any spirituous or vinous liquor or intoxicating bitters in a quantity greater than one quart or any malt liquors in a quantity greater than five gallons; and it shall be unlawful for any spirituous or vinous liquors or intoxicating bitters so shipped, transported, carried, or delivered in any one package to be contained in more than one receptacle.”
From a perusal of this section it appears that the provision creates and was intended to create two offenses:
1. That of carrying or transporting in this State, or from a point within or without the State, by any person, firm, or corporation, to or for any other person, firm, or corporation, in one package or at one and the same time, more than one quart of spirituous liquors.
2. That of so carrying or transporting spirituous or malt liquors in any quantity where the packages for such person are contained in moré than one receptacle, that is, each package shall be carried for.and go to its owner as a distinct and separate parcel.
The bill of indictment, drawn under the first clause of the section, charges that the defendant unlawfully brought into this State certain spirituous liquors, in quantities greater than one quart, to be delivered to a person or persons to the jurors unknown, and the facts established in the special verdict are that he bought four quarts of whiskey in Florence, S. 0., and brought the same into the State, one quart being for himself and one quart each for three other designated persons.
According to these findings, it has not been shown that the defendant has committed the offense against the statute, as charged against him in the bill, of bringing into this State in “any one package or at any one time,” for delivery to another, any spirituous liquors in quantities greater than one quart. Whether, on the facts as they existed, the defendant may have been guilty under the second clause of the section by reason of the manner in which the whiskey was packed and transported or carried by him is not before us. Such an offense is not charged in the bill nor are the facts established relevant to and controlling on such an issue.
On the charge as now made and the facts contained in the verdict, we are of opinion that his Honor should have directed a verdict of not guilty to be entered. This will be certified, that the verdict be entered as indicated and the prisoner discharged.
Reversed.