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REID v. DISTRICT OF COLUMBIA

No. 06-CT-806.

980 A.2d 1131 (2009)

Earl M. REID, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided September 17, 2009.

Attorney(s) appearing for the Case

Christopher Kemmitt, Public Defender Service, with whom James Klein and Jaclyn Frankfurt, Public Defender Service, were on the brief, for appellant.

Sidney R. Bixler, Assistant Attorney General for the District of Columbia, with whom Peter J. Nickles, Acting Attorney General, Todd S. Kim, Solicitor General, and Rosalyn Calbert Groce, Deputy Solicitor General, were on the brief, for appellee.

Before REID and GLICKMAN, Associate Judges, and BELSON, Senior Judge.

GLICKMAN, Associate Judge.

After a bench trial, the Superior Court found appellant Earl Reid guilty of possessing an open container of alcohol in a public place, a misdemeanor. Among other things, Reid contends that the government did not introduce sufficient evidence to demonstrate beyond a reasonable doubt that his drink contained at least one-half of one percent alcohol by volume, the definition of an "alcoholic beverage" under D.C. law. We agree and so reverse...

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