Herring v. State
Alabama Court of Appeals
Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. John Herring was convicted of violating tbe probibi-. tion law, and be appeals. Beasley was introduced as a witness, and testified that all during the year be bad been in the service of the Southern Express Company and the Central of Georgia Railway Company, at their office in Louisville, Barbour county, Ala.
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Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. John Herring was convicted of violating tbe probibi-. tion law, and be appeals. Beasley was introduced as a witness, and testified that all during the year be bad been in the service of the Southern Express Company and the Central of Georgia Railway Company, at their office in Louisville, Barbour county, Ala. Witness was shown an entry in a book purporting to show delivery of a package for shipment marked “whisky” of date April 2,1913, and was asked if be bad made tbe entry showing tbe delivery, and answered that be did; that he…
1Opinion of the CourtWalker, P. J.
The fact that packages delivered by the express company to the defendant were billed and marked “whisky” was some evidence that they contained whisky.
“Inscriptions designedly placed on bottles, boxes, or other packages, in the ordinary way, for the obvious purpose of indicating their nature or contents, may in general be regarded as competent evidence thereof, at least against those persons who have such objects in their possession, or who dispense them to others. Their external indicia are some evidence, stronger or weaker according to accompanying circumstances, of their internal contents.”…
2Cases cited3 opinions
- Kennedy v. StateSupreme Court of Alabama · 1913
- Freeney v. City of JasperAlabama Court of Appeals · 1913
- Southern Railway v. Caldwell-Spence Co.Alabama Court of Appeals · 1913
3Cited by5 opinions
- DeBruce v. StateCourt of Criminal Appeals of Alabama · 1984
- Johns v. StateAlabama Court of Appeals · 1915
- People v. MinterCalifornia Court of Appeal · 1946
- Jackson v. StateAlabama Court of Appeals · 1914
- Smith v. StateAlabama Court of Appeals · 1915