Kelly v. District Columbia

QUINN, Associate Judge. Appellant, defendant below, was convicted on four counts of keeping for sale and selling alcoholic beverages without a license in violation of D.C.Code 1951, § 25-109. Two assignments of error are presented on this appeal. The first relates to the continuous possession of three bottles of whiskey, purchased and seized from defendant by the arresting officers. The second concerns the exhibition before the jury of numerous other bottles and cans, the contents of which were not shown to contain alcohol. The essential facts may be summarized as follows: On March 6, 1953, police officer Lewis purchased a half-pint of liquid labeled 'Bourbon de Luxe' from defendant at her residence, and consumed a portion of the contents while still on the premises. He testified that he had tasted whiskey before and that the contents of the bottle tasted like whiskey. After placing certain marks of identification on the label of the bottle, Lewis turned the bottle over to police officer Erfert. On March 13, 1953, Lewis purchased another half-pint of liquid bearing the same label from defendant. Shortly thereafter Officer Erfert entered with a search warrant and seized a quantity of bottles bearing 'Sherry Wine' and various other labels. He also seized 42 cans of beer. Lewis again placed identifying marks on the label of the bottle he had purchased and turned it over to Erfert. At trial two bottles were shown to Lewis, and he identified them as the bottles he had purchased at defendant's home.