Petitioner was tried and convicted in the County Court of Sumter County on an information charging him with illegally transporting alcoholic beverages in quantities of more than 12 bottles. A motion by petitioner to suppress the evidence on which the cause was grounded was overruled. Arraignment was waived and a plea of "not guilty" was proffered. The cause was tried before the court without a jury and defendant was found guilty. Motion for new trial was denied and petitioner was sentenced to pay a fine of $500 or in lieu thereof to serve six months in jail. On appeal to the Circuit Court, the judgment of the County Court was affirmed. We are confronted with an appeal by certiorari from that order. On account of the similarity of the factual circumstances out of which this case arose to that of the recent case of Byrd v. State, Fla., 80 So.2d 694, we consider the question raised for the purpose of illustrating the material distinction between the Byrd case and Longo v. State, 157 Fla. 668, 26 So.2d 818.