State v. Brooks

The Defendants, Myron Brooks and John Henry Gant were indicted in Davidson County for receiving, transporting and possessing untaxed, contraband white corn whiskey. Counsel for Defendants moved to suppress the testimony of arresting officers on the ground the search of the vehicle was unlawful, and upon the hearing the trial court sustained this motion. The State was granted and has perfected its appeal to this Court.

On the night of April 13, 1961 two members of the Davidson County Sheriff’s Patrol were cruising on Old Hickory Boulevard, about 2:15 A.M. and noticed a car stopped on the…