Karlen v. State

Dissenting Opinion.

Martin, J.

I cannot concur in the holding announced in the prevailing opinion, viz.: that the search of the automobile in question was invalid because the evidence was insufficient to show that the officers, who arrested appellant’s three companions, had probable cause, at the time of such arrest, to believe that appellant had committed the felony of transporting intoxicating liquor.

The appellant was not arrested or searched at the time his companions, Slane, Hopper, and Berry were arrested, but he, at that time, abandoned the automobile containing the ten gallons of grain…