Burtnett v. United States
Court of Appeals for the Tenth Circuit
1DissentCotteral, Circuit Judge
The extract of ginger alleged to have been sold in this ease was shown to be intoxicating liquor; pure and simple. There was no evidence to show it conformed to section 4 (b), title 2, of the National Prohibition Act (27 USCA § 13 (b), or a permit had been obtained under section 4 (a) (27 USCA § 13 (a) to manufacture or purchase it. There was no defense of that character. It was only necessary therefore, to a conviction under the first three counts, that the sale of the liquor was made, that it was intoxicating, and that it was fit for beverage purposes. Under -the fourth count, it was only…
2Cases cited4 opinions
- Rayburn v. StateSupreme Court of Arkansas · 1901
- Crittenden v. StateSupreme Court of Alabama · 1901
- State v. BluntSupreme Court of Iowa · 1882
- People v. PortengaMichigan Supreme Court · 1903