GASTON v. STATE

No. A2958.

641 S.W.2d 261 (1982)

W.R. GASTON, et al., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied July 15, 1982.


Attorney(s) appearing for the Case

Walter Boyd, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Winston Cochran, Asst. Dist. Atty., Houston, for appellee.

Before J. CURTISS BROWN, C.J., and JUNELL and PRICE, JJ.


JUNELL, Justice.

Appellants William Robert and W.R. Gaston appeal from a judgment ordering forfeiture of a 1977 Toyota seized under the Texas Controlled Substances Act, Tex.Rev. Civ.Stat.Ann. art. 4476-15. The controlling issue in this case is whether the State's burden of proving that a vehicle is subject to forfeiture pursuant to the Texas Controlled Substances Act includes proving knowledge or consent by the owner of the vehicle. We also must decide (1) whether...

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