Rickard

The evidence shows that the intoxicating liquor alleged to have been sold by the defendant to J. B. Davis and Balph Cooke was sold and delivered in the following manner: Cooke went to Bickard’s ranch and gave him some money. Bickard then delivered to Cooke a gunny-sack containing some article or package which Cooke did not see. Cooke drove away with this package and delivered it to Fred Buck. Cooke did not look into the sack at all and did not see the contents. But the sack and its contents remained unchanged during all of the time while in Cooke’s custody. Buck testified that the article received by him from Cooke at the stated time and place was a sack containing a gallon jug, which with its contents remained continuously and unchanged in his possession down to the'time of the trial, except that a small amount of the contents had been taken out for analysis by a chemist. There was ample evidence that the jug contained whisky,. and that the same was intoxicating liquor. Under appellant’s claim that the evidence is insufficient to justify the verdict, he specifies only that the witness Cooke did not see the contents of the sack or of the jug within the sack; and that there was a…