Smith v. State

LATTIMORE, Judge.

Conviction for possessing intoxicat ing liquor for purposes of sale; punishment, two years in the penitentiary.

We have spent much time on this case, but have become convinced that it must be reversed, because the officers failed to give testimony which they probably could have given, showing the legality of the arrest of appellant prior to the finding on his person of whisky. Article 212, C. C. P., provides for the arrest of persons in certain cases without warrant, and article 215, C. C. P., authorizes an arrest without warrant by an officer to whom representations have been…