Kirk v. State

We decline to again be drawn into a discussion of the right of an officer to search an automobile, having probable cause for such search, but in the absence of a search warrant. That question has been settled. See Carroll v. U.S., 267 U.S. 132, 69 L.Ed. 543; 39 A. L. R. 790; Battle v. State, 105 Tex. Crim. 568,290 S.W. 762. See also Hardiway v. State, 108 Tex. Crim. 659,2 S.W.2d 455, in which many of our own state authorities are collated.

The indictment contained two counts, one charging transportation of intoxicating liquor, the other possession thereof for the purpose of sale. Only one…