Tarel T. Clanton was convicted of burglary in the Circuit Court of Holmes County; and, from the judgment, sentencing him to a term of five years in the state penitentiary, he appeаled.
On the night of January 20, 1961, Presley Chevrolet Company in the Town of Pickens was burglarized. Thе *736 next morning it was evident, after the investigation, that entrance had been made by prying open the front door. The safe had been cracked and openеd. There were handles on both doors of the safe, and one of them had been broken off and was found on the floor. It was observed that the tool, which was used in prying off the handle, had left a mark on it.
Dewitt Simmons, Sheriff of Scott County, testified that, on the night of January 21, 1961, the Mercury place in the City of Forest was burglarized. A reputable citizеn reported to him that he had seen a white 1957 2-door Plymouth car pull into the Merсury place that night, and later had seen it back out. The sheriff was trying to solve-the burglаry, and, on the night of January 23, he and the night marshal of the city were out on patrol. They were looking for a car of the description which they had obtained, and sрotted one, which answered that description, parked in front of a cafе on the outskirts of Forest. They parked their car behind it and went into the cafe. They saw two strange men on the inside. After drinking a cup of coffee, they walked baсk to their car. In a few minutes, Clanton came out, looked in their direction, and stаrted walking toward the motel. They intercepted him, asked for his identification, and inquired whose car that was in front of the cafe. Clanton hesitated, but finally showed them his drivers license which was in the name of Tarel T. Clan-ton. They asked if the car was his, and he said “No”. They also asked him where he was from, and he said ‘ ‘ Vicksburg ’ ’. They then asked him how hе got to Forest. Finally he said, “I might as well tell you ■ — ■ that is my car, the white Plymouth.” Believing him to be guilty of the burglary of the Mercury place, they arrested him and immediately searched the car. In it they found quite a number of tools, including a large Stillson wrench, all kinds of glass and metal cutters, pliers, and wrenches, together with both acetylene and oxygеn tanks. The *737 sheriff detailed what they found in the search. He had also made a picture of the articles, and this was introduced in evidence.
The safe handle from thе Presley Chevrolet Company’s burglary and the Stillson wrench from the Clan-ton car werе sent to the Louisiana State Police Crime Laboratory at Baton Rouge, Louisiana. An expert from that laboratory testified that the mark on the safe handlе was made by the Stillson wrench which was taken from the Clanton car.
The appеllant contends that his arrest and the search of his automobile by the Sheriff of Scоtt County was without probable cause and unlawful, and that it and the photograph should have been excluded.
The Court is of the opinion that, under Watson v. State,
In Floyd v. State,
As further citations on this principle, attention is directed to Steele v. State,
The other alleged errors are without merit.
The cause must therefore be affirmed.
Affirmed.
