Majority — Brewer J.
p. 138ADAMS EXPRESS COMPANY v. KENTUCKY. No. 332. Argued April 17, 18, 1907. Decided May 13, 1907.
Syllabus
ERROR TO-THE COURT OP APPEALS OF THE STATE OP KENTUCKY.Decided on authority of Adams Express Company v. Kentucky, ante, p. 129.
The facts are stated'in the-opinion.
Mr. Lawrence Maxwell Jr., and. Mr. Edmund F. Trdbue, with whom Mr. Joseph S. Graydon was on the brief,' for plaintiffs in error.[1]
Mr. Napoleon B. Hays, Attorney General of the State of Kentucky, with whom Mr. Charles H. Morris was on the brief, for defendant in error.[1]
delivered the opinion of the court.
This case differs from the preceding in the fact that it was tried by the court without a jury. In all other respects.’it is
p. 139
substantially the same. There was the same averment in the indictment; and more than that, there was an express stipulation made between counsel pending the trial in these words:
“It is further agreed at this point that the whiskey' about which Jhe witness testified was delivered by the Adams Express Company and received by it in its office in Cincinnati .in the usual course of business as a common carrier, and carried by it to' Barbourville, Kentucky, by the method commonly known.as C. O. D.”
There is nothing, therefore, to distinguish this case in principle from the preceding, and- the same judgment will be entered in this,as in that.
Mr. Justice Harlan dissented. See p. 141, post.