Mr. Justice Brewer
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 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.