Odenthal v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In the original opinion the sufficiency of the evidence to show probable cause for the search of the automobile of the appellant was assumed. The accuracy of that assumption is now challenged by the appellant and it therefore becomes proper to review the facts which are before this court.

Glasscock, a Texas ranger stationed at Marshall, was one of the arresting officers. He had no acquaintance with the appellant, but he, in company with Ranger Ezell, made the arrest upon the public road. From Glasscock’s testimony we take the following quotations: