93 Ga. 814 | Ga. | 1894
The plaintiff’ in error was convicted under an indictment which charged him with selling by retail “spirituous and intoxicating liquors without the license and taking the oath prescribed by law.” The sale in question was of a compound called “Dr. Harter’s "Wild Cherry Bitters,” which was shown to be intoxicating, but the ingredients of which were unknown to the witnesses, though it was supposed to contain whisky. The court .instructed the jury, however, that, if the liquor sold was intoxicating, they could convict whether it was spirituous or not. ¥e think this was error. The liquors for the sale of which a license is required, under the statute (Acts 1890-1891, vol. 1, p. 128), are “ spirituous, vinous and malt liquors,” and these do not include all intoxicating liquors. Á conviction would be improper without evidence that the liquor sold was spirituous, vinous or malt liquor, or some mixture containing one or more of these liquors. See McDuffie v.