It shall be unlawful for any person, firm or corporation to manufacture, or distill any vinous, malt, spirituous, or intoxicating liquor or drink which if drunk to excess will produce intoxication. But this statute shall not prohibit citizens of this state from making wine from grapes or berries grown in this state, at their respective homes and using and consuming the same in the home where made, by the family residing therein and dispensing same to guests within said home. Any person convicted of violating this section shall be guilty of a felony and on conviction thereof shall serve a term in the state penitentiary of not less than one year, nor more than three years for the first offense under this section, and for the second or any subsequent conviction under this section such person shall serve a term of not less than five years, nor more than ten years in the state penitentiary.
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