Schwarting v. State

CURTISS BROWN, Justice.

This is an appeal from an order granting the motion of the appellee State of Texas (the State) to confiscate property under the provisions of Vernon’s Tex. Penal Code Ann. arts. 636, 637 (1952).1

Appellant Joe Schwarting (Schwarting) was arrested for and plead guilty to the charge of bookmaking. In the execution of the search warrant which lead to his arrest, officers of the Houston Police Department, Vice Division, seized bookmaking paraphernalia and $3,401.78 in cash. Schwarting was assessed three years probation for the bookmaking offense. He filed a motion for the…