Merkle v. State
Supreme Court of Alabama
FROM tbe'Circuit Court of-Terry» Tried before the Hon. Poster King. .In : fcbis case, Luther Merkle and William H. Redding were jointly indicted -for selling liquor to a student of .Howard college,;in tbe town of Marion, and were jointly tried.
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FROM tbe'Circuit Court of-Terry» Tried before the Hon. Poster King. .In : fcbis case, Luther Merkle and William H. Redding were jointly indicted -for selling liquor to a student of .Howard college,;in tbe town of Marion, and were jointly tried. On the-trial, as tbe bill of exceptions shows, the ..State first introduced as a witness one Pollard, tbe student .to whom the liquor was sold, and who testified to the fact ¡that, within the period covered by tbe indictment, he ,'bought a glass of lager beer from tbe defendant Merkle, who was acting as clerk or agent for his co-defendant, in-a…
1Opinion of the CourtR. W. Walker, J.
It may be admitted, that the bill of exceptions excludes the idea, that the witness Thornton was at all aided by his knowledge of chemistry, in the formation of his opinion that lager beer is a fermented liquor. It is shown, however, that he had frequently drunk fermented liquors, and that he was able to distinguish, by' their taste, liquors which have undergone the process of fermentation. We hold, that such a witness, even though he may have no special knowledge of the science of chemistry, may be permitted to testify, that a particular liquor, which he has tasted, is, or is not, fermented.…
2Cases cited4 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Pullman v. CorningNew York Supreme Court · 1851
3Cited by20 opinions
- Smarr v. StateSupreme Court of Alabama · 1953
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Lewinsohn v. United StatesCourt of Appeals for the Seventh Circuit · 1921
- City of Dothan v. HardySupreme Court of Alabama · 1939
- Bales v. StateSupreme Court of Alabama · 1879
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