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State Court Rules Miller Genuine Draft Is Actually Beer
NBC10.com ^ | 8/2/06

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.


TOPICS: Culture/Society; News/Current Events
KEYWORDS: alcohol; beer; guessworkinblackrobe; judiciary; miller; pennsylvania; ruling; supremecourt

1 posted on 08/02/2006 8:32:51 PM PDT by LdSentinal
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To: LdSentinal

Judicial beersnob alert!


2 posted on 08/02/2006 8:33:57 PM PDT by AmishDude (The Constitution: It ain't long, it ain't complicated and it don't take a genius to figure it out.)
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To: LdSentinal

This is reason number one why judges should never be lawyers.


3 posted on 08/02/2006 8:36:31 PM PDT by kingu (Yeah, I'll vote in 2006, just as soon as a party comes along who listens.)
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To: LdSentinal

Before I quit drinking, Miller Light Draft was my regular brew at my regular pub.

(Because they had a regular special - A pint for $2.)

Glad I quit though.


4 posted on 08/02/2006 8:37:41 PM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: LdSentinal

Still, it's good for MGD to get that cleared up.


5 posted on 08/02/2006 8:37:44 PM PDT by Wolfie
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To: LdSentinal

It's a close call....


6 posted on 08/02/2006 8:39:03 PM PDT by pissant
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To: LdSentinal
Right argument, wrong beer. If it had been a Schlitz the guy may have had a chance.

There is a reason there was a bull on the can.

7 posted on 08/02/2006 8:39:56 PM PDT by gov_bean_ counter (There are only a few absolute truths in life, everything else is just an opinion.)
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To: LdSentinal
The judges name is Sprecher. Maybe he just knew that Miller isnt really beer.
8 posted on 08/02/2006 8:40:24 PM PDT by gnarledmaw (I traded freedom for security and all I got were these damned shackles.)
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To: LdSentinal
State Court Rules Miller Genuine Draft Is Actually Beer

WOW! Coulda fooled me. Sure doesn't taste like beer.

Lucky for the brewery that they got this ruling to prove it is.

Courts are corrupting everything.

9 posted on 08/02/2006 8:44:22 PM PDT by capt. norm (Bumper Sticker: Honk if you've never seen an Uzi shoot from a car window.)
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To: LdSentinal

Hmm.. Sounds like an activist appeals court to me. The judge made a simple finding of fact that any similarly situated reasonable person might very well make...


10 posted on 08/02/2006 8:45:46 PM PDT by AntiGuv ("..I do things for political expediency.." - Sen. John McCain on FOX News)
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To: LdSentinal
It's a language problem. In Kutzeschtettel the word for "beer" is "Yuengling Lager" or just "lager".
11 posted on 08/02/2006 8:52:03 PM PDT by Physicist
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To: LdSentinal
Glad to see our courts are addressing impt matters /sarcasm
12 posted on 08/02/2006 8:53:03 PM PDT by DollyCali (Don't tell GOD how big your storm is -- Tell the storm how B-I-G your God is!)
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To: LdSentinal
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.

Who knew!

13 posted on 08/02/2006 8:53:18 PM PDT by teletech (Friends don't let friends vote DemocRAT)
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To: LdSentinal

Easy mistake for the judge to have made. It certainly MGD certainly tastes more like water than beer.


14 posted on 08/02/2006 8:54:53 PM PDT by Zeroisanumber (Quis custodiet ipsos custodes?)
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To: LdSentinal
Was Bill Clinton the defense attorney?

I thought he had been disbarred.

15 posted on 08/02/2006 8:55:34 PM PDT by HIDEK6
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To: AntiGuv

Yes, I thought judges were reluctant to overturn facts decided by other judges. Hmmm...this particular judge must have had some expert knowledge, I'll bet...


16 posted on 08/02/2006 8:58:27 PM PDT by scrabblehack
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To: LdSentinal
So basically, Sprecher said Hartman furnished Putnam at Duffer's in Kutztown. Me? I'm disappointed by the lack of Homer Simpson jokes. Duffer's?
17 posted on 08/02/2006 9:11:26 PM PDT by Attention Surplus Disorder (You're never more than a half-step away from a good note.)
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To: gnarledmaw

That's exactly what I thought when I read the name of the judge.


18 posted on 08/02/2006 9:12:19 PM PDT by Madison Moose
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To: LdSentinal
Its' Raining Beer....A cloudburst. :D
19 posted on 08/02/2006 9:12:19 PM PDT by skinkinthegrass (Just b/c your paranoid; Doesn't mean they're NOT out to get you. :)
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To: LdSentinal
Assistant District Attorney Douglas J. Waltman Jr. said the case would be listed for trial.

Someone ought to ask why a 44-year old man is not only buying beer for a 17-year-old boy, but driving him around while he drinks it. Sounds like a possible John Wayne Gacy at the wheel.

20 posted on 08/02/2006 9:12:25 PM PDT by lakey (Blithering idiots refer to the United States as a democracy!)
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To: LdSentinal

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.


21 posted on 08/02/2006 9:18:25 PM PDT by bpjam (Remember our fallen Marines from Beirut. Hezbollah deserves no peace.)
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To: gov_bean_ counter; All
Right argument, wrong beer. If it had been a Schlitz the guy may have had a chance.

_________________________________________________________________

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

22 posted on 08/02/2006 9:40:10 PM PDT by Cobra64 (All we get are lame ideas from Republicans and lame criticism from dems about those lame ideas.)
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To: LdSentinal
I better tell one of the bartenders I know about this.

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.

23 posted on 08/02/2006 9:52:47 PM PDT by Sonny M ("oderint dum metuant")
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To: Attention Surplus Disorder
Me? I'm disappointed by the lack of Homer Simpson jokes. Duffer's?

{_8^{l}

MMM... Sprecher Beer

24 posted on 08/03/2006 3:57:24 AM PDT by Watery Tart (Rumor has it, there are 40 or so food-on-a-stick choices at this year's Wisconsin State Fair.)
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To: LdSentinal

At least he didn't rule it's a "beer like substance".


25 posted on 08/03/2006 4:00:10 AM PDT by Warren_Piece (Smart is easy. Good is hard.)
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To: All

26 posted on 08/03/2006 4:01:49 AM PDT by monkapotamus
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To: Sonny M

I like Bass Ale on tap, when the keg is fresh. Is that not considered beer by your bartender freind? Hmmm.


27 posted on 08/03/2006 4:03:21 AM PDT by Toby06 (True conservatives vote based on their values, not for parties.)
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To: All

^^^ real beer.
28 posted on 08/03/2006 4:05:00 AM PDT by monkapotamus
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To: Watery Tart

And a beauty it is! LOL!


29 posted on 08/03/2006 6:45:27 AM PDT by Attention Surplus Disorder (You're never more than a half-step away from a good note.)
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To: LdSentinal
They still make MGD? I thought that horse died.
30 posted on 08/03/2006 6:47:41 AM PDT by 4yearlurker (12th district Freeper.)
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