Dettra v. State

Decided June 21, 1921

Alabama Court of Appeals · decided 1921-06-21

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.

Relies on 16 Ala. App. 97 - Dees v. State · 17 Ala. App. 444 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1921-06-21

How this case has been cited

Cited by 6 later decisions — most recently November 1979

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SAMEORD, J.

¶1 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.”

¶2 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.

¶3 The judgment is affirmed.

¶4 Affirmed.