Chapman v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— A deputy sheriff was suspicious that appellant was violating the liquor law. He saw in appellant’s car between the seats a bulk of something wrapped in a quilt. Appellant denied the officer’s request for permission to search the car, whereupon the officer said he would take charge of the car and hold it, and told appellant to stay away from the car. Appellant was not in the car at the time and was not under arrest. The deputy telephoned for the sheriff.

Appellant predicates his motion for rehearing upon two propositions. First, that the deputy sheriff…