State v. Johnson

• Decision Date: 26 January 1920
• Docket Number: 10355.
• Citation: 101 S.E. 851,113 S.C. 350
• Parties: STATE v. JOHNSON.
• Court: South Carolina Supreme Court

101 S.E. 851

113 S.C. 350

STATE v. JOHNSON.

No. 10355.

Supreme Court of South Carolina

January 26, 1920

Appeal from General Sessions Circuit Court of Pickens County; T. J Mauldin, Judge.

W. H Johnson was convicted of a violation of the liquor law, and he appeals. Affirmed.

Carey & Carey, of Pickens, for appellant.

J Robt. Martin, Sol., of Greenville, for the State.

FRASER J.

The appellant was indicted for a violation of the liquor laws of this state. The defendant was a merchant, living outside of any incorporated town in Pickens county. He sold at his store cider, lemon extract, and Jamaica ginger. His customers bought cider (not intoxicating), which was put in bottles. The customers also bought lemon extract and Jamaica ginger, and poured the lemon extract or Jamaica ginger into the bottle of cider and drank the compound. While the cider was not intoxicating, and contained less than the prohibited percentage of alcohol, the lemon extract and Jamaica ginger contained from 90 to 95 per cent. of alcohol and, it was claimed by the state, made an intoxicating compound. The appellant claimed that the lemon extract was a food, and the Jamaica ginger was a medicine, and the sale was not a violation of the law. The appellant was convicted, and appealed, with five exceptions.

The appellant made a motion for a direction of verdict and for a new trial after conviction. Both motions were refused, and this forms the basis of the first and second exception. These two exceptions must share the fate of the third, fourth, and fifth exceptions.

The appellant treats the last three exceptions together as follows:

" Third. Fourth, and Fifth Exceptions Relating to Judge's Charge.--(1) His honor charged the jury as follows: 'Now, gentlemen, a man cannot call it a malt, or say it is some kind of a patent medicine, and give it some name, and sell it, and say that it is sold as a drug or medicine, when this so-called drug or medicine is used by people simply to make themselves drunk.' (2) His honor charged the jury in these words: 'In this case it is for you to determine whether or not these lemon extracts, or other extracts which have been exhibited here, contain alcohol in sufficient quantities, which, if drunk to excess, will produce intoxication.' (3) His honor charged the jury as follows: 'I want to say this, gentlemen: That a mere name, calling a thing a medicine, will not be sufficient to change its

...