Baumguardner v. State

DAVIDSON, Judge.

This is a conviction for the unlawful transportation of beer in a dry area, with punishment assessed at a fine of $100.

A highway patrolman’s attention was directed to a “toe” sack in a “borrow ditch” along a public highway. The sack contained twenty-four cans of beer.

To connect appellant with the transportation of the beer, the state relied upon proof of the fact that the automobile he was driving when stopped by the patrolman had passed along the highway shortly before the sack was found and that the witness who first saw the sack and called the patrolman’s attention thereto…