Abbott v. State

The headnotes sufficiently indicate our view of the questions with which we deem it necessary to deal. The indictment charged the accused with selling, keeping on hand at his place of business, and giving away to induce trade, “alcoholic, malt, spirituous and intoxicating liquors and intoxicating bitters and drinks, which if drunk to excess will produce intoxication.” All of the witnesses who had any knowledge as to the kind of drink the accused had been selling testified that it was “near 'beer” and non-intoxicating. One of the State’s witnesses said he drank 32 bottles one day and went home…