State v. Benavidez

CLAYTON, Justice.

This case is an appeal from an order of the District Court of Gaines County, Texas denying an application of the State of Texas for the forfeiture and disposition under the Texas Liquor Control Act of 32 bottles of beer containing 32 ounces each. Suit was brought under the provisions of Vernon’s Annotated Penal Code, Article 666-42 (b) of said Act.

On the trial before the court without a jury the parties entered into a stipulation which served as a Statement of Facts (Rule 263, Texas Rules of Civil Procedure). In substance, this stipulation was as follows:

In February, 1961 the…