Gardner v. State

HíoldeN, P. J.,

delivered the opinion of the court.

S. W. Gardner appeals from a conviction on a charge of having’ more than a quart of intoxicating liquor in his possession. The sole question to be determined on this appeal is whether or not the search of appellant’s automobile by the officers, without a search warrant, was made upon probable 'cause; and, if not, then the liquor secured by the search and offered in testimony was incompetent evidence in the case, and the conviction must fail.

The search of appellant’s automobile, in which the liquor was found, took-place in the streets of…