35-10-11. Beverages unlawfully used or possessed as contraband--Conviction as confiscation--Return to owner on dismissal. Any alcoholic beverage used or possessed in violation of provisions of this title constitutes contraband goods, and is subject to confiscation as provided in this chapter. Any judgment of conviction of illegal use or possession against the person from whom the beverages were taken constitutes a confiscation of the beverages unless the beverages, within twenty days after the judgment, are claimed by some other person who establishes to the satisfaction of the court that the person is the true owner and had no participation in the illegal use or possession. If prosecution on any such charge terminates in a dismissal of the charge, any such beverages, if previously seized, shall be returned to the owner.
Source: SDC 1939, § 5.0122; SL 1971, ch 211, § 115; SL 2008, ch 37, § 196.
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