Byars v. State

ON state’s motion for rehearing.

DAVIDSON, Judge.

The opinion delivered herein on December 7, 1949, is withdrawn and the following is substituted in lieu thereof.

*120The conviction was under an information charging that appellant knowingly sold to Lane Spear “a medicinal alcoholic product, to-wit: Wine, known as Vitamine B. Wine, for beverage purposes.........under circumstances from which the said W. W. Byars might reasonably deduce the intention of the said Lane Spear to use said product for beverage purposes.” The punishment was assessed at a fine of $200.

The information charged a violation of…