Netso v. State

Citations

• 24 Fla. 363

Syllabus

<p>1. The plaintiff in error was tried under section 11, Chapter 3413, laws-of Florida, for carrying on the business of dealer in spirituous, vinous and malt liquors, without the license required by statute authorizing him to carry on such business; and to warrant a conviction, it was necessary for the State to prove that the liquor sold was either a spirituous, vinous or malt liquor. The evidence shows that the plaintiff in error sold beer, but this is not sufficient unless it is shown that the beer sold was malt beer.</p> <p>2. The courts will take judicial notice that lager beer, ale, porter and any other liquor made of malt, is a malt liquor.</p>