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Dettra v. State

Dettra v. State.

Dettra v. State, 91 So. 500 (Ala. Ct. App. 1921)
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Court
Alabama Court of Appeals · State Appellate Courts
Decided
June 21, 1921
Docket
No. 8 Div. 861.
Judges
Sameord
Citations
91 So. 50018 Ala. App. 2591921 Ala. App. LEXIS 211
Disposition
Affirmed.
Headnotes
Intoxicating liquors <&wkey;l34 — Selling near beer, though containing less than one-half of .1 per cent, of alcohol, held illegal. Under Acts 1915, p. 31, § 31, and Acts 1919, p. 6, § 2, providing that prohibited liquors'shall include all liquids intended as a substitute for beer, etc., having possession of and selling near beer, containing less than one-half of 1 per cent, of alcohol is illegal.
Summary
Appeal from Morgan County Court; W. T. Lowe, Judge. P. E. Dettra was convicted of having in possession for sale, and of selling, prohibited liquors, and he appeals. The statute u'nder which the conviction is had is void, under sections 35 and 36, Const. 1901, and contrary to the due process of law provision of the Constitution of the United States.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sameord

SAMEORD, J.

The cause was tried on the following agreed statement of facts:

“The defendant did have in his possession, on March 16, 1921, in Albany, Morgan county, Ala., for the purpose of sale, and did sell, a beverage. Such beverage looks like, tastes like, smells like, foams like, and is made as a substitute for, beer. Said beverage is a cereal beverage, and contains less than one-half of 1 per cent, alcohol. In fact, an analysis of said beverage shows the following alcoholic contents, to wit: .28 per cent, alcohol by volume and .22 per cent, alcohol by weight; that said beverage is nonintoxicating, and is contained in bottles that are similar in appearance to beer bottles.”

This judgment is affirmed on authority of Acts Leg. 1915, § 31, p. 31; Acts 1919, p. 6, § 2; Dees v. State, 16 Ala. App. 97 , 75 South. 645 ; Jones v. State, 17 Ala. App. 444 , 85 South. 839 .

The judgment is affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1921: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Dettra v. State91 So. 922 (Ala. 1921)

Most recent

  1. Dettra v. State91 So. 922 (Ala. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Dees v. State, 75 So. 645 (Ala. Ct. App. 1917) 11
Jones v. State, 85 So. 839 (Ala. Ct. App. 1920) 9

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