Riley v. State

Appellant was convicted of the sale of intoxicating liquor designated as “homebrew.” The testimony indicated that it was malt liquor.

There was no showing whether the sale was made in a county which had voted out beer, nor did the proof show the alcoholic content of the product. There was convincing testimony that the liquor was intoxicating. The State seeks affirmance upon the theory that the applicable statute is Code 1942, Section 2613, which forbids traffic in any liquors “which if drunk to excess will produce intoxication.” Insofar as malt liquors or beer is concerned, this section has…