Legal Opinion · Dissent

Alby v. Smith

Wisconsin Supreme Court

Decided July 18, 1922Published

1DissentEschweiler, J.

Sub. (1) (m), sec. 1543, Stats., reads:

“The words ‘non-intoxicating liquor’ includes all liquors, liquids or compounds, whether medicated, proprietary, patented, or not and by whatever name called, fit for use for beverage purposes, containing alcohol in any degree, not defined to be ‘intoxicating liquors.’ ”

The evidence shows that fruit juices, soda waters, ginger ales, root beers, and ciders as they are now being sold do contain alcohol in appreciable proportions. Some of such — for instance loganberry juice — has 0.47 per cent, just below the line of 0.5 per cent, of alcohol *145fixed for the…

2Cases cited3 opinions

  1. Crane v. CampbellSupreme Court of the United States · 1917
  2. State v. FredericksonSupreme Judicial Court of Maine · 1905
  3. People v. EngleMichigan Supreme Court · 1922

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