116 Mass. 56 | Mass. | 1874
Under the law of this Commonwealth the sale of liquors capable of producing intoxication is unlawful and criminal. Of these liquors, those that are known as spirituous form a class
In the case under consideration, the article sold was not distilled spirits; it was not ale, porter, strong beer, or wine ; and the. defendant offered to prove that it was not lager bier. The fact that alcohol was discovered in it upon a chemical analysis, although undoubtedly competent evidence, does not necessarily prove that the liquor was spirituous within the meaning of the statute. If it did, it would follow that there was no occasion for, and no significance in, the special provision contained in the statute as to ale, porter, wine, &c. The question whether it was an intoxicating liquor or not should have been submitted to the jury.
We think, therefore, that the evidence offered by the defendant at the trial was competent and should have been received, and it accordingly results that the Exceptions are sustained.