Owens v. Henderson Brewing Co.

Opinion op the Court by

Judge Sampson

Reversing.

Henry Owens, a merchant engaged in retailing groceries and soft drinks in Muhlenberg county, bought of appellee, Henderson Brewing Company, through its agent, appellee Clark, a quantity of “Nutromal,” classed as a “soft drink” and non-intoxicating, which he put upon sale at his store and place of business and after selling a small amount of the drink, Owens was arrested on a warrant issued by the county judge, charging him with the sale of an intoxicating beverage. When he was arraigned for trial he pleaded not guilty; was represented by counsel,…