McClain v. State, 29441
| Citation | 309 S.W.2d 456,165 Tex.Crim. 545 |
| Decision Date | 05 February 1958 |
| Docket Number | No. 29441,29441 |
| Parties | Neil McCLAIN, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Levie Old, Brownwood, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
This is a liquor transportation case, with punishment assessed at a fine of $250.
Appellant was arrested while transporting beer and whisky in his automobile.
The sole question presented for review is the right of the officers to stop appellant and arrest him and search the automobile.
Calder, a deputy sheriff, was directed by those in charge of the sheriff's office to call a certain telephone number. The telephone number was called. A woman answered and inquired 'where they could get in touch with' Masters, to which inquiry Calder replied that he did not know. Thereupon the woman told Calder that 'she knew Neil [the appellant] was coming in and was supposed to be transporting whiskey' and that he 'was at the time transporting whiskey.'
Calder imparted this information to other peace officers whom he located in a cafe, and they then started looking for the appellant.
Appellant was apprehended and caused to get out of his car, in which a quantity of intoxicating liquor was found.
Appellant insists that the facts stated did not warrant the arrest and the search of the automobile.
An automobile may be searched for intoxicating liquor upon probable cause--that is, upon a reasonable ground of belief supported by circumstances warranting a cautious man in believing that intoxicating liquor is being unlawfully transported in the automobile. Sims v. State, 119 Tex.Cr.R. 83, 45 S.W.2d 579.
The information imparted to Officer Calder was sufficient to constitute probable cause to stop and search appellant's automobile.
To support this conclusion, reliance is had upon the following cases: Johnson v. State, 111 Tex.Cr.R. 395, 13 S.W.2d 114; Kirk v. State, 111 Tex.Cr.R. 388, 13 S.W.2d 106; Graves v. State, Tex.Cr.App., 20 S.W.2d 769; Weaver v. State, 117 Tex.Cr.R. 335, 38 S.W.2d 85; Long v. State, 149 Tex.Cr.R. 483, 196 S.W.2d 635; Baker v. State, 154 Tex.Cr.R. 116, 225 S.W.2d 828.
The judgment is affirmed.
I have examined the authorities cited by the majority and find only one which supports their holding in this case, if it does so. In Long v. State, 149 Tex.Cr.R. 483, 196 S.W.2d 635, 636, the opinion recites that 'the jury was retired and the agents testified relative to information that they had previously had of a car coming into Lubbock that was supposed to contain...
To continue reading
Request your trial
- Webb v. State
-
Truitt v. State
...reversed and the cause remanded. Opinion approved by the Court. MORRISON, Judge (concurring). In view of my dissent in McClain v. State, 165 Tex.Cr.R. 545, 309 S.W.2d 456, I vote to reverse this DOUGLAS, Judge (dissenting). The appellant's sole complaint is that his arrest was illegal and a......
-
Henderson v. State, 40780
...that McVay did not have probable cause to stop appellant and to seize the gallon of whiskey sitting beside him. McClain v. State, 165 Tex.Cr.R. 545, 309 S.W.2d 456, cited by the state, supports our conclusion that probable cause was The judgment is affirmed. ...