Hansberg v. People

Citations

• 120 Ill. 21
• 8 N.E. 857
• 1886 Ill. LEXIS 1208

Syllabus

<p>1. Intoxicating liquors—whether “beer” is to be so regarded. The Q term, intoxicating liquors, as used in section 6 of the Dram-shop act, and which provides a punishment for sales or gifts thereof to minors, etc., means spirituous, malt or vinous liquors. Proof of the sale of “beer,” without showing what kind of beer it was, or whether it was malt, vinous or spirituous, is not sufficient to sustain an indictment under that section.</p> <p>2. The statute prohibits the sale of intoxicating liquors, only, and not “beer,” by that name. There being some kinds of beer which are neither a malt liquor nor intoxicating, to convict for a sale of “beer” it must be shown that it is one of the liquors named in the statute.</p> <p>3. Instruction—should be based on evidence. An instruction without any evidence on which to base it, is calculated to mislead, and is erroneous. Where there is no evidence that a defendant has sold intoxicating liquor, under an indictment for that offence, it is error to instruct the jury to find him guilty, if they believe, from the evidence, that he has sold such liquors.</p>