Rosseau

The appellant in this case was found guilty upon an information charging that he unlawfully sold whisky containing more than one-half of one per centum of alcohol. A motion for a new trial thereafter interposed in his behalf was denied, and he appeals from the judgment and from the order denying said motion.

It is insisted that the evidence adduced by the People entirely failed to show that the substance sold contained more than the legal content of alcohol, or that it was fit for beverage purposes. Four men drove to the defendant’s house, one of whom asked him for a pint of whisky, for which he demanded two dollars in advance, and was so paid. He disappeared for three or four minutes, delivered to the purchaser a package containing a bottle the contents of which three of them testified was “moonshine whisky,” and was immediately arrested. The arresting officer testified that for a number of years he had known what liquor was, that prior to entering upon his official duties he had tasted liquor of all brands and was familiar therewith, and that during the last nine preceding months he had been required to taste samples of liquor. The second witness swore that the defendant at…