904 SC PREME COURT OF ARKANSAS, [39 Ark. Rabe v. State of Arkansas. BABE 17 . STATE OF ARKANSAS. LIQUOR : Selling Imindy-peaches without license: No license is required to sell fruits . preserved in brandy; but if one put a few peaches or cherries in a . bottle of liquor to evade the law, and sell them, • e is guilty. APPEAL from Perry Circuit Court. • • Hon. J. _AL SMITH, Circuit . Judge. Attorney-General Moore, for the State. SMITH, J. Rabe was . indicted for selling ardent liquors without license. Waiving a jury, he was tried by . the cou'rt; was convicted, arid sentenced to pay a fine of $200. No dee-. laratiOns of law were made or refused; and the onl y question before us is. whether his conviction was sustained by the law aiid the evidence: The facts . We i. . e, that as a : clerk in a villa .o.e ' sirii . e he sold. brndy l peaehes; ' , The . bottle:Contained si* , peacheS, rMinded' .. bY. :one dill of a fluid or 6Trup,. *hid ' -ta:stedjikre" stion; liquois. The witnesse g thringht that this liqUid-Might iiitoxie'ate; if'. one 'should; iinbibe enough' of it, but it was very weak.
30 Ark.] NOVEMBER TERM, 1882. 205 Rabe falls not under the condemnation of the letter of the law, since that requires no license to sell fruits preserved in brandy. Nor does his case come within its spirit, as it would do if he bad put a few cherries or peaches in a bottle of brandy to evade payment of the license. 'Reversed, and remanded for a new trial.
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