Court of Criminal Appeals of Texas May 25, 1927, No. 10866. (Smyrle v. State)

lead-opinion

BAKER, Judge. —

The appellant was convicted of unlawfully transporting intoxicating liquor, and his punishment assessed at one year in the penitentiary.

The record discloses that the state’s witness J. A. Spivey, a constable, and W. F. Freeman, deputy constable, while travelling a public road at night, observed an automobile' being driven down the road ahead of them.