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STATE v. TOLLE

No. S-96-1420.

945 P.2d 503 (1997)

The STATE of Oklahoma, Appellant, v. Brian Alden TOLLE, Appellee.

Court of Criminal Appeals of Oklahoma.

September 26, 1997.

Attorney(s) appearing for the Case

Tim D. Kuykendall, District Attorney, Hilary Allen, Assistant District Attorney, Norman, for the State.

David M. Brockman, Norman, for Brian Alden Tolle.

OPINION

LANE, Judge.

The State of Oklahoma is before us on a reserved question of law: Whether prima facie proof of the crime of Possession of Low-Point Beer by a Person Under 21 Years of Age (37 O.S.Supp.1995, § 246) may be established only by chemical analysis of the substance alleged by the State to be low-point beer. We hold chemical analysis is not necessarily the only sufficient proof; circumstantial evidence may be sufficient to...

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