Berry v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern District of Illinois. i Thomas Berry and another were convicted of selling beer, and they bring error.
1Opinion of the Court
BAKER, Circuit Judge.
[1] Plaintiffs in error were convicted of selling beer in violation of the Volstead Act (41 Stat. 305). Government agents purchased two bottles containing some sort of liquid and drank the contents. They were permitted, over objection, to say that *681what they drank was heel*. To constitute a violation, the drink would have had to be “beer” as defined in the act. These government agents were not chemists, attempted no analysis, and established no expert qualifications to measure the alcoholic content of the liquid by drinking it. Their testimony that the liquid was the…
2Cases cited2 opinions
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- Gouled v. United StatesSupreme Court of the United States · 1921
3Cited by15 opinions
- Lewinsohn v. United StatesCourt of Appeals for the Seventh Circuit · 1921
- Albert v. United StatesCourt of Appeals for the Sixth Circuit · 1922
- Keen v. United StatesCourt of Appeals for the Eighth Circuit · 1926
- Dickerson v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Proulx v. United StatesCourt of Appeals for the First Circuit · 1929
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