Legal Opinion

Henderson v. State

Court of Criminal Appeals of Texas

Decided November 15, 1967No. 40780Published

1Opinion of the Court

OPINION

WOODLEY, Presiding Judge.

The offense is transporting whiskey in a dry area; the punishment, a fine of $100.

The grounds of error set forth in appellant’s brief all relate to the question of whether the state’s evidence was illegally obtained as the result of a warrantless search without probable cause.

The complaining witness was Inspector McVay of the Texas Liquor Control Board, by whose testimony it was shown that appellant was stopped on Main Street in Texar-kana, Bowie County, about 11 A.M. at which time he was traveling alone in an automobile with a gallon jug of moonshine whiskey…

2Cases cited2 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. McClain v. StateCourt of Criminal Appeals of Texas · 1958

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