Noltey v. State

The first count of the indictment is in form 101, § 4556, except that the word “buy” is omitted. There is no contention that it is subject to demurrer. The second count adds the words “or beverages, to-wit: Jamica (sic) ginger,” and is otherwise the same as count 1.

The claim is that count 2 is defective because Jamaica ginger is not a prohibited liquor as defined by section 4615. But that section defines such liquor, among others, as (4) “any intoxicating bitters or beverages by whatever name called,” and (5) “any liquor, drink, or liquid made or used for beverage purposes containing any…