Noltey v. State

The evidence for the state tended to prove that defendant had in his possession, sold, etc., Jamaica ginger, as a beverage, and that Jamaica ginger is an alcoholic fluid, which may be used as a beverage. Onthe authority of Brandon v. State, 24 Ala. App. 289, 134 So. 890, we hold that the question of defendant’s guilt vel non was one of fact to be determined by the court.

Counts 1 and 2 charged a violation of section 4615, Code 1923, and count 3 charged a violation of section 4731, and both offenses may be charged in the same indictment in separate counts, Code 1923, § 4645.

Each count of the…