Legal Opinion
Dettra v. State
Alabama Court of Appeals
Decided June 21, 1921No. 8 Div. 861PublishedCited by 1 opinion
Appeal from Morgan County Court; W. T. Lowe, Judge. P. E. Dettra was convicted of having in possession for sale, and of selling, prohibited liquors, and he appeals. The statute u'nder which the conviction is had is void, under sections 35 and 36, Const. 1901, and contrary to the due process of law provision of the Constitution of the United States.
1Opinion of the CourtSameord, J.
The cause was tried on the following agreed statement of facts:
“The defendant did have in his possession, on March 16, 1921, in Albany, Morgan county, Ala., for the purpose of sale, and did sell, a beverage. Such beverage looks like, tastes like, smells like, foams like, and is made as a substitute for, beer. Said beverage is a cereal beverage, and contains less than one-half of 1 per cent, alcohol. In fact, an analysis of said beverage shows the following alcoholic contents, to wit: .28 per cent, alcohol by volume and .22 per cent, alcohol by weight; that said beverage is nonintoxicating,…
2Cases cited2 opinions
- Dees v. StateAlabama Court of Appeals · 1917
- Jones v. StateAlabama Court of Appeals · 1920
3Cited by1 opinion
- Dettra v. StateSupreme Court of Alabama · 1921