McDuffie v. State

RICE,- Judge.

We did hold in the case of Mathews v. State, 21 Ala.App. 181, 106 So. 390, relying lipón the authority of opinion by Judge Samford in the case of Anderson et al. v. State, 20 Ala.App. 505, 103 So. 305, that it was “error to permit a witness to testify as to whether the contents of a receptacle sirielled of intoxicating liquor, where witness is [was] not qualified as to the sense of smell.” (Italics supplied). And Judge Bricken came along, and wrote the same thing, in the case of Watson v. State, 23 Ala.App. 73, 120 So. 917, citing both the Mathews and Anderson Cases, supra.

But it…