Pitts v. State

1. Testimony of the agent of an express company, that he delivered to the defendant on a certain day a package marked “whisky,” was not 'subject to the objection, made by the defendant’s counsel, that “the evidence offered is in writing, and the writing is the highest and best evidence;” though the witness stated also, in answer to a question of the defendant’s counsel as to what his record showed with reference *437to it, 'that delivery was shown by the record. So far as appeared, his statement as to his delivery of the whisky was made from his recollection of the fact itself, and not merely…