De Jean v. State

MORROW, Presiding Judge. —

The offense is the transportation of potable liquor containing a prohibited percentage of alcohol; penalty assessed at confinement in the penitentiary for two years.

The opinion formerly written is withdrawn and the present one substituted in lieu thereof.

The appellant’s motor truck was searched by officers and a quantity of beer was found therein. The action was taken without a search warrant. Appellant contends that the search was not founded upon probable cause such as authorized the search. Officers observed appellant driving a truck upon one of the streets of…