Rueffert v. State

PRICE, Presiding Judge.

Appellant prosecutes this appeal from a judgment convicting him under an indictment charging that he “did possess, transport or offer for sale marijuana, etc.”

Prior to trial the defendant moved the court to suppress the evidence obtained as a result of the search of his automobile. The grounds of said motion are, in substance, that the evidence which forms the basis of this prosecution was obtained through an unlawful search of the defendant’s automobile, in that such search was conducted without a search warrant and was not made as an incident to a lawful arrest.

In…