Coleman v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

When the officer who searched the appellant’s car and made the arrest was called as a witness for the state, the court, at the request of the appellant, retired the jury and heard testimony of Moreland (the arresting officer), whose direct and cross-examination upon the hearing before the judge is set out in bill of exception No. 1, and covers several pages of the record. The testimony inven by Moreland, if true, was deemed by the court to demonstrate the existence of probable cause for the search of the appellant’s automobile and his arrest by…