Cass v. State

(dissenting). — A synopsis of the state’s testimony is as follows: R. L. Gomillion, a special agent for the Texas & Pacific Railroad Company, while in the yards of the company at Abilene late at night, observed that the seal of a certain box car had been broken, and saw some merchandise between the rails of the track near the car. The merchandise consisted of two cases of coffee, a carton of chewing gum, and a wooden box containing an electric fan. A freight train going east was preparing to pull out at the time, and the car mentioned was in the train. After making the discovery, Gomillion…