Aaron v. State

(Dissenting). — I reget that I cannot agree with the reasoning set forth nor the conclusions of Justice ■CUNNING-HAM in the foregoing opinion.

The evidence conclusively establishes the status of defendant's employers, Benson & Moody, as that of common carriers for hire. The defendant was the active agent in making the -contract of carriage with the owner Brown, as also in its execution. The evidence also conclusively shows that Brown in*385troduced twelve cases of whisky from Rodeo, New Mexico, into Arizona, under such contract of carriage, for the purpose ■of selling it in Arizona, and that he…