Burnstein

The appellants were convicted of a violation of the National Prohibition Aet by selling, for beverage purposes, nine drinks of a medicinal preparation containing more than •one-half of one per cent, of alcohol. The evidence showed that the particular preparation involved was known as Amargo Bitters, containing about 47 per cent, alcohol by volume. The label on the bottles stated 47 per cent, and the government chemist testified that he found 46 and a fraction per cent. The chemist also testified that the bitters contained emodin, which is a derivative of rhubarb, cascara, and senna, and also contained cascara, senna, rhubarb, and that although he made no attempt to identify the aromatics •contained therein he judged they consisted of ginger, cloves, and other aromatics. Emodin, he testified, was a cathartic. The bottle containing the bitters states:

“These exquisite Bitters prepared on application of Angostura Bark, distinguished by exceptionally pleasant flavour and taste, have been approved by the public in every country, where they have been sent, on account of their'excellent quality and purity and do not need any particular recommendation.

“These famous Bitters are known…