State v. Baize

McGHEE, Justice.

The appellants were convicted of the offense of selling alcoholic liquor (Coors beer) without having a license permitting them to do so.

The sole ground urged for reversal is that the trial court committed fundamental error when it failed on its own motion to instruct the jury they must find beyond a reasonable doubt the beer claimed to have been sold contained more than one-half of one percent of alcohol which is the statutory definition of alcoholic liquor as it relates to beer set out in sec. 46-1-1 1953 N.M.S.A.

Instruction No. 5 given to the jury reads:

“5. The material…