Herring v. State

Citation65 So. 707,11 Ala.App. 202
Decision Date18 June 1914
Docket Number230
PartiesHERRING v. STATE.
CourtAlabama Court of Appeals

Appeal from Circuit Court, Barbour County; M. Sollie, Judge.

John Herring was convicted of violating the prohibition law, and he appeals. Affirmed.

Beasley was introduced as a witness, and testified that all during the year he had been in the service of the Southern Express Company and the Central of Georgia Railway Company, at their office in Louisville, Barbour county, Ala. Witness was shown an entry in a book purporting to show delivery of a package for shipment marked "whisky" of date April 2, 1913 and was asked if he had made the entry showing the delivery and answered that he did; that he knew defendant, and that he was there in person and received it; that he knew the memorandum correct when it was made; and that he had no recollection of the transaction apart from the memorandum. The witness Pinkston also testified as to his connection with the Southern Express Company and Central of Georgia Railway Company, at Louisville. He was also shown the same memorandum, and testified that it was correct, and also testified independently of the memorandum as to the delivery to defendant of that package and several others during the year, all marked "whisky," and all weighing from 70 to 85 pounds.

C.S McDowell, Jr., of Eufaula, for appellant.

R.C Brickell, Atty. Gen., and W.L. Martin, Asst. Atty. Gen., for the State.

WALKER P.J.

The fact that packages delivered by the express company to the defendant were billed and marked "whisky" was some evidence that they contained whisky.

"Inscriptions designedly placed on bottles, boxes, or other packages, in the ordinary way, for the obvious purpose of indicating their nature or contents, may in general be regarded as competent evidence thereof, at least against those persons who have such objects in their possession, or who dispense them to others. Their external indicia are some evidence, stronger or weaker according to accompanying circumstances, of their internal contents." Kennedy v. State, 62 So. 49.

The court properly overruled the objection to evidence of the fact above mentioned.

The court properly admitted in evidence the memorandum referred to by the witness Beasley in connection with his testimony to the effect that he had no recollection of the transaction apart from the memorandum, but that he knew when the memorandum was made by him that...

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4 cases
  • DeBruce v. State, 6 Div. 189
    • United States
    • Alabama Court of Criminal Appeals
    • 14 Agosto 1984
    ...Kennedy v. State, 182 Ala. 10, 62 So. 49 (1913); Cusimano v. State, 27 Ala.App. 407, 409, 173 So. 490 (1937); Herring v. State, 11 Ala.App. 202, 203, 65 So. 707 (1914); Hodge v. State, 11 Ala.App. 185-86, 65 So. 676 (1914). See also Burks v. Hubbard, 69 Ala. 379, 384 (1881) (The market pric......
  • Johns v. State
    • United States
    • Alabama Court of Appeals
    • 17 Junio 1915
    ...5 Ala.App. 171, 59 So. 318; Hodge v. State, 11 Ala.App. 185, 65 So. 676; Watson v. State, 11 Ala.App. 199, 65 So. 689; Herring v. State, 11 Ala.App. 202, 65 So. 707; Salley v. State, 9 Ala.App. 82, 64 So. 185; Bill (Gen. & Loc. Acts Sp.Sess. 1909, p. 64, § 4). Such evidence might, as said, ......
  • Smith v. State
    • United States
    • Alabama Court of Appeals
    • 17 Junio 1915
    ...of conviction is affirmed: Hodge v. State, 11 Ala.App. 185, 65 So. 676; Watson v. State, 11 Ala.App. 199, 65 So. 689; Herring v. State, 11 Ala.App. 202, 65 So. 707; Jim Stokes v. State, 69 So. Affirmed. ...
  • Jackson v. State
    • United States
    • Alabama Court of Appeals
    • 18 Junio 1914
    ...Atty. Gen., and W.L. Martin, Asst. Atty. Gen., for the State. PELHAM, J. In addition to what is said in the opinion in the case of Herring v. State, 65 So. 707, present term, as the admissibility of the evidence of the packages shipped and consigned to the defendant being billed and marked ......

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