State v. Durr

Brannon, Judge:

An indictment charged E. W. Durr witli selling, without license, spirituous liquors, wine, porter, ale, or beer and drinks of like nature. He was found guilty by a jury, and judgment for fifty dollars fine and sixty days imprisonment was rendered against him.

On the .trial the evidence was that he sold a drink called and labeled “Temperance Beer.” The defendant offered to give evidence, by persons who knew and who had' drunk and tested it, that it was not intoxicating, and that the stomach could not contain enough of it to produce intoxication. The court rejected the evidence…