Burnstein v. United States

WILBUR, Circuit Judge.

The appellants were convicted of a violation of the National Prohibition Aet by selling, for beverage purposes, nine drinks of a medicinal preparation containing more than •one-half of one per cent, of alcohol. The evidence showed that the particular preparation involved was known as Amargo Bitters, containing about 47 per cent, alcohol by volume. The label on the bottles stated 47 per cent, and the government chemist testified that he found 46 and a fraction per cent. The chemist also testified that the bitters contained emodin, which is a derivative of rhubarb,…