Larry William Fry v. W. J. Estelle, Jr., Director, Texas Department of Corrections

RIVES, Circuit Judge:

This appeal is from the district court’s denial of a state prisoner’s petition for habeas corpus. The only issue presented is whether, under the circumstances, the warrantless search of petitioner’s automobile was reasonable.

The reasonableness vel non of this same search has been ably discussed by several of the Judges of the Court of Criminal Appeals of Texas on Fry’s appeal from the judgment of conviction. Fry v. Texas, 1972, 493 S.W.2d 758-777. On original hearing, the search was held unreasonable, the judgment reversed, and the case remanded. The State’s first motion…