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STATE v. CHERRY

No. 16493.

387 S.W.2d 149 (1965)

The STATE of Texas, Appellant, v. James W. CHERRY et al. (1963 Pontiac Automobile), Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 19, 1965.

Attorney(s) appearing for the Case

Henry Wade, Dist. Atty., and John J. Orvis, Asst. Dist. Atty., Dallas, for appellant.

June R. Welch, Dallas, for appellees.

BATEMAN, Justice.

This is a suit by the State of Texas for forfeiture of a 1963 Pontiac automobile alleged to have been used in the transportation, concealment and possession of contraband narcotics. The suit was pursuant to Art. 725d, Vernon's Ann.Penal Code. The car was seized on July 3, 1963 while in the possession of James W. Cherry. On September 4, 1963 the State filed its petition entitled "Notice of Seizure and Intended Forfeiture," alleging Cherry to be the...

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