Martinelli

The appellant was convicted of the unlawful possession, and also the unlawful transportation, of intoxicating liquor. The intoxicating liquor was found in his possession in a motortruck which was searched by the prohibition officer without a, search warrant. The only question involved in this appeal is the authority of the officer to make the search. The question was raised in the lower court by a motion to suppress the evidence and by objection upon the trial to the introduction of the evidence and by motion to strike it out.

The facts upon which the officer acted in making- the search, and the law applicable thereto, are correctly summed up in the brief of the appellee, as follows:

“Shortly after midnight the officer observed this illegitimate truck—that is one without any commercial signs on it—drive up to a known iliicit beer joint where be had raided two weeks before and found five percent beer, the truck driver go< inside and bring out a man and together commence to take from the truck unlabeled new cases of a kind which conceal the bottle and in which ‘illegitimate’ beer only is sold, smelled the odor of brew from the truck and then accosted the men who ‘got seared and…