Posted on 08/02/2006 8:32:49 PM PDT by LdSentinal
READING, Pa. -- A judge who dismissed charges against a man accused of buying a case of beer for a 17-year-old, saying prosecutors failed to prove Miller Genuine Draft was an alcoholic beverage, was mistaken, state Superior Court ruled.
"This finding was incorrect,'' said the Superior Court ruling in the case against Gregg R. Hartman, 44, of Kutztown.
State police had charged Hartman with furnishing liquor to minors. Shawn Putnam, 17, had testified that Hartman bought him a case of Miller Genuine Draft on Jan 7, 2004, at Duffer's Beer Distributor in Kutztown, and Putnam drank five beers within 15 minutes in the car while Hartman was driving around.
Berks County Judge Jeffrey K. Sprecher dismissed the charge, saying the prosecution failed to provide the state Liquor Control Board's list of beers to prove the beverage was beer. "It's equally plausible that the defendant purchased a nonalcoholic beverage with a flavor similar to beer,'' he had ruled.
But the Superior Court judges wrote, "Putnam's testimony was more than enough to establish that the beverage he was drinking was a malt or brewed beverage.''
Assistant District Attorney Douglas J. Waltman Jr. said the case would be listed for trial.
This is the legal victory the Miller lawyers have been waiting for. Now they can push for total beer supremacy as the only beer with legal standing.
_________________________________________________________________
There once was a girl from Anheisser
Who said no man could surprise-her
Pabst took a chance
Found Schlitz in her pants
And now, she's not older, Budweisser
He always argues that draft beer (and light beer) are not real beer.
Now a light beer on tap, to him, is not even remotely close to beer.
Granted, I agree with him, but this judge probably would not.
At least he didn't rule it's a "beer like substance".
I like Bass Ale on tap, when the keg is fresh. Is that not considered beer by your bartender freind? Hmmm.
And a beauty it is! LOL!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.