dissenting:
I must dissent from the majority’s opinion that the evidence was sufficient to support a finding that the beverage *258supplied to the minors was beer. Rather, I would find that the evidence presented by the Commonwealth was insufficient to sustain the fraternities’ convictions on the charges of furnishing beer to minors. 47 Pa.S.A. § 4-493(1).
As a result of the instant investigation, several minors were convicted of or entered guilty pleas to underage drinking. At trial, the investigating officers testified that they asked for beer. Officer Hazenstab further testified that she was served a beverage which looked and tasted like beer, and, in her opinion, was beer. The majority ruled: “This was sufficient under the circumstances of this case to establish that the substances being furnished to the minors were also beer.” Majority Op. at 790. I disagree.
Under the Pennsylvania Liquor Code, “beer” has the following very specific definition:
“Malt or Brewed Beverages” means any beer, lager beer, ale, porter or similar fermented malt beverage containing one-half of one per centum or more of alcohol by volume, by whatever name such beverage may be called.
47 Pa.S.A. § 1-102. Definitions.
I equate this case to a criminal action under' the Controlled Substance, Drug, Device and Cosmetic Act, 35 Pa. S.A. § 780-101 et seq, where the Commonwealth is required to establish the chemical make-up of the controlled substance serving as the basis of the crime. See examples Commonwealth v. Slyman, 334 Pa.Super. 415, 483 A.2d 519 (1984); Commonwealth v. Arenella, 306 Pa.Super. 119, 452 A.2d 243 (1982); Commonwealth v. Albert, 264 Pa.Super. 390, 399 A.2d 1106 (1979). I am convinced that the chemical identity of the beer, as specifically defined by statute, is an element of the crime of serving beer to minors, just as the chemical identity of marijuana is an element of the crime of unauthorized possession of marijuana. No doubt an experienced police officer knows the smell and appearance of marijuana. However, his testimony alone will not establish that the substance is actually marijuana, rather the Commonwealth must submit a chemical analysis identifying the controlled substance. Likewise, the *259Commonwealth must prove beyond a reasonable doubt that the substance they allege to be beer is actually beer.
Presently, the appellants were convicted of serving beer to minors based solely on lay testimony; no chemical analysis was provided. The majority, citing numerous revocation of liquor license cases, opines such testimony was sufficient. However, I remind the majority that those are civil cases, not criminal actions where the proof must be beyond a reasonable doubt. To be sure, the testimony of the officers was relevant to the question of whether the substance served was, in fact, beer. However, such testimony standing alone should not be allowed to sustain this conviction, especially in light of the fact that a sample of the beer easily could have been seized pursuant to a warrant and then analyzed.1
Due process requires that the Commonwealth bear the burden of proving beyond a reasonable doubt each element of the crime charged. If the Commonwealth fails to sustain that burden then the accused must be acquitted. Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979); Commonwealth v. McGuire, 487 Pa. 208, 409 A.2d 313 (1979). I believe that the Commonwealth has failed to sustain this burden since a chemical analysis of the intoxicating liquor was not submitted to the jury. See Commonwealth v. Erney, 212 Pa.Super. 174, 239 A.2d 818 (1968) (“The Commonwealth made no effort to prove that the beverage was a “malt or brewed beverage” as defined in the Code, apparently being content to rest on statements by the minors involved that the were served “beer” and that the saw “beer” being served to others.”) Accordingly, I *260would reverse the lower court’s denial of the appellants’ motions in arrest of judgment.
. The sole criminal appellate decision cited by the majority is Commonwealth v. Marabella, 86 Pa.Super. 382 (1926). First, I note this Prohibition case is sixty-three years of age. Second, although no chemical analysis of the liquor was proffered, the court found the evidence was sufficient based on lay testimony of two witnesses and a sample of the contraband whiskey that was available for the jury’s examination. However, instantly, only lay testimony was presented; no sample of beer was preserved, analyzed or presented to the jury for their examination.