Boyce, J.,
in charging the jury, said, inter alia:
Malt liquor, or beer, as is commonly known, is a brewed liquor made of grain, especially barley, flavored with hops, and is a liquor which has undergone fermentation, and contains alcohol. 5 Cyc. 678. The sale of such liquor is prohibited in this county by what is known as the Local Option Law. Proof of the sale of such liquor will sustain the indictment.
Jury disagreed.