Briffitt v. State
Wisconsin Supreme Court
1. Whether lager beer or beer is intoxicating or not is a question for the jury. Rom v. People, 63 N. Y., 277; People v. Zeiger, 6 Parker’s Crina. B., 355; Elare v. Statey 43 Inch, 483; Lathrope v. State, 50 id., 555; Plunkett v. State, 69 id., 68; State v. Starr, 67 Me., 242; Comm, v. Bios, 116 Mass., 56; State v. Wall, 34 Me., 165. There is-no presumption that it is intoxicating without proof that, it is strong beer.
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1. Whether lager beer or beer is intoxicating or not is a question for the jury. Rom v. People, 63 N. Y., 277; People v. Zeiger, 6 Parker’s Crina. B., 355; Elare v. Statey 43 Inch, 483; Lathrope v. State, 50 id., 555; Plunkett v. State, 69 id., 68; State v. Starr, 67 Me., 242; Comm, v. Bios, 116 Mass., 56; State v. Wall, 34 Me., 165. There is-no presumption that it is intoxicating without proof that, it is strong beer. Comm. v. Hardmian, 9 Gray, 136. Any liquor which is not declared by law to be intoxicating must be proved to be so. Feldman v. City of Morrison,. 1 Brad. (Ill.), 460. 2. It is…
1Opinion of the CourtORton, J.
The complaint before the justice was that the-defendant had sold “ intoxicating liquors ” without first having obtained a license therefor. The case was appealed to, *41and finally tried in, the circuit court. The only question really presented by the exceptions, either to the evidence or to the charge of the court to the jury, is whether proof that the defendant had sold leer was sufficient proof that he had sold malt or intomeating liquor. In ruling upon a question of evidence the court said, “I suppose everybody knows, what is meant by beer.” When the question was askedi whether malt is used…
2Cases cited4 opinions
- The Bd. of Commr's of Excise of Tompkins Cty. v. . TaylorNew York Court of Appeals · 1860
- Nevin v. LadueCourt for the Trial of Impeachments and Correction of Errors · 1846
- Rau v. . People of the State of N.Y.New York Court of Appeals · 1875
- Chambers v. GeorgeCourt of Appeals of Kentucky · 1824
3Cited by31 opinions
- Sustar v. County CourtOregon Supreme Court · 1921
- Odette v. StateWisconsin Supreme Court · 1895
- State v. CarmodyOregon Supreme Court · 1907
- Steinkrause v. EcksteinWisconsin Supreme Court · 1920
- Harris v. CameronWisconsin Supreme Court · 1892
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