McFarland v. Jones

HIGHTOWER, Chief Justice.

The structure or buildings in which appellant was arrested for gambling were not shown to have been “gambling houses”, as that term is defined in Schepps v. City of El Paso, Tex.Civ.App., 338 S.W.2d 955. *349The sum of $1,984.00 found upon the person of appellant and ordered confiscated by the trial court was not, under the circumstances and evidence, subject to confiscation within the meaning of Art. 636 and 637, Vernon’s Annotated Penal Code of Texas, Schepps v. City of El Paso, supra.; Jones v. Pettigrew, Tex.Civ.App., 328 S.W.2d 450; Davis v. State, Tex.Civ.App., 165…