State v. Garcia

BARROW, Justice.

This is a suit by the State of Texas, acting by and through its Attorney General, for forfeiture of 206 bottles of assorted alcoholic beverages, under the provisions of Article 666-42, Vernon’s Annotated Penal Code. The case was tried before the court without a jury. After plaintiff had rested its case, the defendant moved for an instructed verdict, which was granted, and the court then rendered judgment that plaintiff take nothing. This appeal is from that judgment.

The State first called as a witness the adverse party, Joe Garcia, who testified that on July 17, 1958, and…