Opinion
10-08-1915
STATE v. LYNCH.
Frank M. Jones, Deputy Atty. Gen., for the State. Robert C. White and James M. Tunnell, both of Georgetown, for accused.
Arthur Lynch was indicted for the unlawful sale of malt liquor, to wit, beer. Jury disagreed.
Argued before BOYCE and RICE, JJ.
Frank M. Jones, Deputy Atty. Gen., for the State. Robert C. White and James M. Tunnell, both of Georgetown, for accused.
The accused admitted that he sold "soft or near beer" to the prosecuting witness, but denied that he sold to him malt liquor or lager beer.
BOYCE, J., in charging the jury, said, inter alia:
Malt liquor, or beer, as is commonly known, is a brewed liquor made of grain, especially barley, flavored with hops, and is a liquor which has undergone fermentation, and contains alcohol. 5 Cyc. 678. The sale of such liquor is prohibited in this county by what is known as the Local Option Law.
Proof of the sale of such liquor will sustain the indictment.
Jury disagreed.