Smith v. State

Jabon Smith was indicted, tried and convicted for violation of the prohibition law of Florida as a second offender. The judgment is sought to be reversed upon the ground that the evidence was insufficient to establish the intoxicating quality of the liquor and that proof of the first offense was not properly made.

There is no merit in the first point. The testimony was sufficient to show that the liquor purchased was whiskey and that it was intoxicating. It was obtained from the accused in a soft drink bottle, examined by the witnesses and pronounced to be whiskey, which is presumed to be…