Massei v. United States

ROSE, Circuit Judge.

The plaintiff in error was defendant below and will be so styled here. He conducted a store for the sale of cigars, soft drinks, and flavoring extracts. He was convicted of *684selling some of the last named, containing more than one-half of 1 per cent, of alcohol per volume, under circumstances from which he might reasonably have deduced that the purchaser intended to use the extracts for beverage purposes. There was evidence which, if believed by the jury, justified the verdict. The conclusive answer to the defendant’s present claim, that it was not proved that the extracts…