Barnes v. State

ON MOTION FOR REHEARING

GRAVES, Presiding Judge.

Appellant complains herein and again asserts the illegality of the search of the automobile in which he was found sitting with a blue bag against his feet. We think this matter of the search of the automobile does not depend upon the provision of the charter of the city of Cleburne which allowed the arrest without a warrant of persons within that city under certain circumstances. We think that the officers were within their right to search upon probable cause and that they found beneath the appellant’s feet a collection of articles that would…