Minnesota Supreme Court, 1927

State v. Gussey

State v. Gussey
Minnesota Supreme Court · Decided May 27, 1927 · Cueiam
214 N.W. 652; 171 Minn. 520; 1927 Minn. LEXIS 1643 (North Western Reporter)

Counsel

L.J. Lauerman , for appellant. Clifford L. Hilton , Attorney General, James E. Markham , Deputy Attorney General, and Charles A. Swenson , County Attorney, for the state.

State v. Gussey

Opinion of the Court

PEE CUEIAM.

Defendant was convicted of the crime of unlawfully selling intoxicating liquor potable as a beverage and appeals from an order denying a new trial.

Defendant cites State v. Umlauf, 169 Minn. 422, 211 N. W. 475, holding that the prosecution must prove that the liquor was potable as a beverage, and claims that the prosecution failed to prove that fact in the present case. This is the only point urged against the conviction. Three witnesses who drank or tasted the liquor in question testified that it was moonshine whisky. This was sufficient to justify the jury in finding that it was potable as a beverage. State v. Brown, 151 Minn. 340, 186 N. W. 946; State v. Tremont, 160 Minn. 314, 200 N. W. 93; State v. Ruddy, 160 Minn. 435, 200 N. W. 631.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.