State v. Berry

CRIST, Judge.

Defendant appeals from a jury conviction on two counts of selling intoxicating liquor without a license, § 311.550(6) RSMo 1978. The trial court’s sentence followed the jury’s recommendation of a $500.00 fine on each Class D felony count. We reverse and remand.

Defendant was found guilty of taking part in the organization of a “party” which provided unlimited food, live bands, and all the tap beer one could drink in return for a $7.00 gate charge. Two undercover agents of the Missouri State Division of Liquor Control paid the gate charge and obtained two cups of beer. Chemical…