6 Kan. 371 | Kan. | 1870
The opinion of the court was delivered, by
This case was commenced originally before a justice of the peace, whence it was appealed to the district court, and from the district court to this court. The qustions to be decided are three:
The witness "Wood, who bought the beer from the defendant, testified that he called for lager beer, got what looked and tasted like lager beer; and that he thought it was lager beer. This was evidence, of itself, sufficient to prove prima facie, that the beer sold was lager beer; (1 Iowa, 374, 379;) and sufficient as a foundation to give the State the right to prove, when denied by the defendant, that lager beer is an intoxicating liquor. It was an admission Ion the part of the defendant, when he sold the beer, that it was lager beer. Wood also testified that it was like lager beer that he had drank in other places. There was other testimony tending to show that it ivas lager beer; and oven the defendant’s testimony tended to prove that it was simply lager beer of a weak kind, pos
These are all the questions really raised by the record. ~We think there was evidence sufficient to sustain the verdict of the jury.
The judgment of the court below is affirmed.