State v. Tolle

OPINION

LANE, Judge.

The State of Oklahoma is before us on a reserved question of law: Whether prima facie proof of the crime of Possession of Low-Point Beer by a Person Under 21 Years of Age (37 O.S.Supp.1995, § 246) may be established only by chemical analysis of the substance alleged by the State to be low-point beer. We hold chemical analysis is not necessarily the only sufficient proof; circumstantial evidence may be sufficient to prove the alcoholic content of beer.

This case arises out of a traffic stop at SW 4th Street and Telephone Road in Moore, Oklahoma shortly after 7:00 p.m. on…