State v. Johnson
Supreme Court of South Carolina
W. H. Johnson was convicted of a violation of the liquor law, and he appeals. submit:. That there being no evidence that defendant was selling alcoholic liquors or selling extracts or medicines as a beverage a directed verdict should have been granted: Vol. I, Code of Laws of S. C., sec. 1643; Acts of S. C. of 1917, page 73, par. 19; Code of Laws of S. C., vol. I, sections 2393, 2390; Acts of 1917, page 73, par. 20; Crim. Code 1912, sections 894, et seq.
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W. H. Johnson was convicted of a violation of the liquor law, and he appeals. submit:. That there being no evidence that defendant was selling alcoholic liquors or selling extracts or medicines as a beverage a directed verdict should have been granted: Vol. I, Code of Laws of S. C., sec. 1643; Acts of S. C. of 1917, page 73, par. 19; Code of Laws of S. C., vol. I, sections 2393, 2390; Acts of 1917, page 73, par. 20; Crim. Code 1912, sections 894, et seq. Where there is no testimony upon which-to base a verdict it is error of law to refuse a new trial: 64 S. C. 344; 64 S. C. 566; 69 S. C. 101;…
1Opinion of the Court
The opnion of the Court was delivered by
Mr. Justice Eraser.
The appellant was indicted for a violation of the liquor laws of this State. The defendant was a merchant, living outside of any incorporated town in Pickens county. He sold at his store cider, lemon extract, and Jamaica ginger. His customers bought cider (not intoxicating), which was put in bottles. The customers also bought lemon extract and Jamaica ginger, and poured the lemon extract or Jamaica ginger into the bottle of . cider and drank the compound. While the cider was not intoxicating, and contained less than the prohibited…
2Cited by4 opinions
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