Coburn v. State

on rehearing.

November 7, 1923.

MORROW, Presiding Judge.

— The The circumstances lead to the conclusion that the two quarts of whisky were in the automobile when it was brought by appellant and his companion to the place of arrest, and are sufficient to exclude any other theory arising from, the evidence. Appellant’s knowledge that the whisky was in the car is shown by his res gestae declaration of ownership. The facts distinguish it from the case of West v. State, 93 Texas Crim. Rep., 370, 248 S. W. Rep., 371. No evidence showed the movement of the suit case by West or his companion. So far as…