One 1937 Dodge Coupe v. Springer

I agree with that part of the majority opinion holding the search to be valid, but I respectfully dissent to that part holding that no issue was raised with respect to which party had the burden of proof as to whether McCarthy did or did not have knowledge that the automobile was being used illegally.

I believe the issue was properly raised ¡by the State in the amended petition when it named McCarthy in the caption thereof as owner of defendant automobile and by McCarthy pleading innocence of knowledge of unlawful use thereof, and should be ruled upon by this court. In the case of Peavler v.…