Talley v. State (24 S.W.2d 38, 1930)

MORROW, P. J.

Unlawfully transporting intoxicating liquor is the offense; punishment fixed at confinement in the penitentiary for a period of two years.

An officer testified that while driving upon the road in an automobile he met the appellant who was also in an automobile; that he saw therein what he took to he a jug and concluded that it contained whisky. After they passed the officer turned his car and followed that of the appellant, who drove into the city of Breckenridge and stopped in the yard of his residence some seven or eight feet from the wall of the house and about the same distance from the street. The officer entered the yard and searched the car. On cross-examination he said: “When I first observed this water bottle in his car it was wrapped in a sack. You ask me if I could see anything but a sack, whether I could tell whether a bottle was in the sack or anything until I got to the car and I answer I supposed it was but I couldn’t tell until I got hold of it. It afterwards developed that it was a five-gallon water bottle — with whisky in it. It is true that at the time I met him I could-n’t tell whether this water bottle was full of "whisky, water or anything; I couldn’t see for the sack. He then drove inside his yard where he lives. He stopped his car about seven or eight feet from his house, in his yard, and the car was standing there when I entered the yard and went to his car and searched it — I ran up to the car before he got out