*247*246Aрpellant was convicted of a violation of the prohibitiоn law, in keeping intoxicating *247liquor with intent to sell the same. He filed a motion for a new trial fоr the alleged reаsons that the verdict is nоt sustained by sufficient evidence and is contrary to law, which motion was overruled, and he еxcepted, and hаs assigned that ruling as error. The only point suggestеd by his brief is that no proof was offered that the alleged liquor which appellant had in his “soft drink parlor” was evеr analyzed or otherwise tested, and found to contain more than one-half of onе per centum of alcohol, nor that anybody tasted it. But three witnеsses testified that it was “mоonshine whisky,” that they smellеd it and were familiar with the smell of moonshine whisky, and that appellаnt’s wife was behind the bar whеn the policemen came, and when she saw them she ran from behind it to the back pоrch with a glass jar cоntaining the liquor, where she dropped the jar, which tipped over and spilled part of its contents, but without breaking, and that she then tried to kick the jar. This evidenсe supports an infеrence that the liquor in the jar was intoxicating. The court has judicial knowledge that “whisky” is intoxicating. Hogan v. State (1921), 191 Ind. 675, 133 N. E. 1; Hiatt v. State (1920), 189 Ind. 524, 527, 127 N. E. 277. And one who knows the smell of whisky may testify that a jar of liquor is whisky from having smelled it. Shelton v. State (1921), 191 Ind. 228, 132 N. E. 594; Zoller v. State (1920), 189 Ind. 114, 126 N. E. 1; Dillon v. State (1919), 188 Ind. 603, 125 N. E. 37.
The judgment is affirmed.
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