Harris v. State
Alabama Court of Appeals
Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Click Harris ivas convicted of violating the prohibition law, and he appeals.
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Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Click Harris ivas convicted of violating the prohibition law, and he appeals. Counsel discusses the errors assigned, and insists that by its action the court admitted the veriest hearsay evidence, to the great prejudice of defendant, It was competent to show that the witness who purchased the whisky delivered it to the sheriff and that the sheriff kept it safely, and being thus identified, it was admissible in evidence, together ivith the contents of the label.
1Opinion of the Court
WALKER, P. J. —
The prosecution offered in evidence • a bottle of whisky after it had been identified by a witness as one purchased in his presence from the defend*88ant, and by the sheriff as the bottle delivered to him by the witnesses who testified as to such purchase. When the bottle was offered in evidence a label pasted on it contained written memoranda as to the person from whom it was bought, made, respectively, by one of the witnesses as to the purchase and by the sheriff, each of whom testified as to the memorandum made by him, presumably for the sole purpose of identifying the bottle…
2Cases cited1 opinion
- Phillips v. StateSupreme Court of Alabama · 1908
3Cited by8 opinions
- Mann v. StateAlabama Court of Appeals · 1947
- Cusimano v. StateAlabama Court of Appeals · 1943
- Howard v. StateAlabama Court of Appeals · 1913
- Thomas v. StateAlabama Court of Appeals · 1915
- Commonwealth v. MealeySuperior Court of Pennsylvania · 1925
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