Abernathy v. State

SAMFORD, Judge.

There was found in the possession of defendant, at his filling station, a lot of beer. This beer was in pint bottles and labeled by the manufacturer, but there is nowhere in the testimony or on the labels on the bottles any evidence tending to show that the beer' contained alcohol in any amount. This court cannot assume that it did. Anderson v. State, 20 Ala.App. 154, 101 So. 162; Sharp v. State, 22 Ala.App. 562, 118 So. 238.

Section 4615 of the Code is still the law except as it is modified by Act of the Legislature 1932, Ex.Sess., p. 56, which permits the possession of cereal…