Smyrle v. State

BAKER, Judge. —

The appellant was convicted of unlawfully transporting intoxicating liquor, and his punishment assessed at one year in the penitentiary.

The record discloses that the state’s witness J. A. Spivey, a constable, and W. F. Freeman, deputy constable, while travelling a public road at night, observed an automobile' being driven down the road ahead of them. The officers finally overtook the car, which had been stopped partly in the road and the lights turned out, and observed someone seated therein. They stopped their automobile and asked what the trouble was but received no reply,…