Man buys beer for minors..Judge dismisses case..says D.A. didn't prove Miller is beer

[Terminator]

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.

[sgt50]

Must be where he buys his beer!

[CountyFourteen]

Its like here if/when a judge throws out something because we give the exact address......but forget to say what county......I think they just do that when they want to let someone go....

[conalabu]

I don't know. He may have a point. Is Miller really beer? Doesn't taste like it.

[snuffy2202]

Hey, you can make fun of Alabama (I'm used to it) but don't go knocking my beer,too! Those are fighting words!

[Ducky]

Snuffy, it's beer. Inferior beer, but beer nonetheless.

[conalabu]

I drink guiness. Proven to be good for you. I think me and my guiness can take you and your fermented pond water.

[Darin]

Its like here if/when a judge throws out something because we give the exact address......but forget to say what county.......

Are you serious????

[slamdunc]

He may have a point. Is Miller really beer? Doesn't taste like it.

By European standards, Miller is not beer.

[Ianl6]

By European standards, Miller is not beer.

The judge is right it cannot be called beer well not real beer

[snuffy2202]

I drink guiness. Proven to be good for you. I think me and my guiness can take you and your fermented pond water.

Well, if you can drink motor oil (guiness) without throwing up, I guess you are tough.

[snuffy2202]

The judge is right it cannot be called beer well not real beer

If that luke warm crap is called beer, I will stay with my pond water. We have ice the U.S.