Holland v. State

Southerland, C. J.:

Defendant was convicted in the Municipal Court of the City of Wilmington for selling beer without a license. On appeal to the Superior Court the case was heard de novo by a judge without a jury. She was again convicted, and again appeals.

The only question of consequence presented by this appeal is whether there was sufficient evidence that the bottle purchased contained beer. The facts are these:

At about two-thirty o’clock in the morning of October 17, 1953, Odel Mitchell went to defendant’s home in the City of Wilmington. According to his testimony he asked the defendant…