Kellum v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

It is contended by the appellant that the intoxicating quality of the liquid transported by him was shown alone by the opinion of the witness, based on the odor of the fluid in appellant’s possession. The opinion, based on the odor, would be admissible in evidence, but not conclusive of the intoxicating character of the liquid. See Parker v. State, 75 S. W. Rep. 31; Thompson v. State, 72 Texas Crim. Rep. 6; Lerma v. State, 81 Texas Crim. Rep. 109; Hughes v. State, 268 S. W. Rep. 961. From the last-named case we quote:. “The opinion of the…