People v. Root

Defendant stands convicted of a second violation of the law prohibiting possession and transportation of intoxicating liquor, and reviews on exceptions before sentence. A police officer saw defendant throw two jugs from his automobile, picked up the jugs, one of which was broken, and found they contained intoxicating liquor. The officer so testified and was then asked by the prosecuting attorney:

“Could you in any way be mistaken as regards those jugs, where they came from?”

It is insisted this was error. The officer had un-qualifiedly testified to seeing the jugs thrown from defendant’s…