State v. Benavidez

HAMILTON, Justice.

This is an action brought by the State of Texas to forfeit 32 bottles of beer alleged to be “illicit beverages” under the Texas Liquor Control Act, Article 666 — 42, Vernon’s Annotated Texas Penal Code. Defendant Benavidez (respondent here) was tried in the county court of Gaines County for the crime of possessing alcoholic beverages in a dry area for the purpose of sale. The jury in that case found respondent not guilty and the county court rendered a judgment of acquittal. Thereafter, the State brought this suit in the district court of Gaines County to declare a…