SIMPSON v. STATE, 89 Ind. App. 25 (1929)

165 N.E. 557

SIMPSON v. STATE OF INDIANA.

No. 13,600.Court of Appeals of Indiana.
Filed March 27, 1929.

1. INTOXICATING LIQUORS — Sale of Jamaica Ginger — Evidence Held Sufficient to Convict. — In a prosecution for selling intoxicating liquor in violation of the Prohibition Law of 1925, evidence showing, without conflict, that the defendant sold Jamaica ginger which was from sixty to eighty per cent alcohol per volume, with knowledge that it was purchased for beverage purposes, was sufficient to sustain a conviction on the charge (Hedges v. State, 194 Ind. 122, distinguished). p. 26.

2. INTOXICATING LIQUORS — Jamaica Ginger — Intoxicating Qualities — Judicial Knowledge. — The courts will take judicial notice that Jamaica ginger which is from sixty to eighty per cent alcohol per volume is intoxicating. p. 26.

From Marion Criminal Court (59,872); James A. Collins, Judge.

Harry J. Simpson was convicted of selling intoxicating liquor by the sale of Jamaica ginger, and he appealed. Affirmed. By the court in banc.

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Frank A. Symmes, Garth B. Melson, Donald F. Lafuze and Earl R. Cox, for appellant.

Arthur L. Gilliom, Attorney-General, and Frank L. Greenwald, Deputy Attorney-General, for the State.

REMY, J.

Appellant was charged by affidavit with violation of § 4 of the act of March 4, 1925 (Acts 1925 p. 144, § 2717 Burns 1926), which makes it unlawful to sell intoxicating liquors to be used as a beverage. Trial resulted in a conviction.

The evidence, without conflict, shows that appellant, the owner and operator of a restaurant and soft drink place, and, at the time in question, sold Jamaica ginger which was from sixty to eighty per cent alcohol per volume, the sale being made with knowledge that the same was purchased for beverage purposes.

It is contended by appellant that the decision of the court is not sustained by sufficient evidence and is contrary to law for the reason that the charge is for the sale of intoxicating 1. liquor, and that the liquid sold was Jamaica ginger. The contention is without merit.

This court will take judicial notice that Jamaica ginger which is from sixty to eighty per cent alcohol per volume is intoxicating. McLean v. People (1919), 66 Colo. 486, 2. 180 P. 676; People v. Philpott (1922), 219 Mich. 156, 188 N.W. 497. See, also, Abel v. State (1928), 200 Ind. 283, 163 N.E. 91.

This case is readily distinguished from Hedges v. State
(1923), 194 Ind. 122, 142 N.E. 13, cited and relied on by appellant. In that case there was no evidence that the Jamaica ginger was sold for beverage purposes.

Affirmed.

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