Faucette v. State

What whisky is is a matter of common knowledge. When the witness testified that “what I saw the accused sell was whisky,” we think that he was testifying to a fact discerned by him, in the act of observation, and not to a conclusion, which is a mere matter of opinion. While the witness used the word “opinion” in his cross-examination, his answer, even though it might be said to have been opinionative in form, yet, we think, from the context, that he was merely qualifying his statement of the fact that, in his judgment, what he observed was whisky. He was not disproving his statement that what…