Texas Attorney General Opinion: O-6748 Page: 1 of 3
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Tf E A-LIORNEY FUNERALAL
GROVER SELLERS AUInTIx . TEXAS
Hon. W. J. Townsend Opinion No. 0-6748
County Attorney Re: Disposition of money confiscated
Angelina County from defendants were arrested for
Lufkin, Texas gaming.
We have received your letters of July 25, 1945, and
August 7, 1945, which state in substance that a Constable of
Angglina County recently arrested sixteen persons who were dis-
covered gambling with cards and dice in the woods away from any
residence. Subsequently, all defendants plead guilty to the
offense of gaming. At the time of the arrest, the Constable
seized two packs of cards and $129,00 in cash, both of which
were in use by the participants for gaming purposes. The Jus-
tice of the Peade entered an order confiscating the cards and
money, resulting in the destruction of the cards and payment
of the money into the County Treasury.
You submit your belief that under the aforementioned
circumstances the money taken was subject to confiscation, and
you request an opinion from this office in that connection.
Chapter Six of Title II of the Penal Code, 1925, with
amendments thereto, comprise the statutory prohibitions together
with the remedies against gaming in Texas. The pertinent stat-
utes, and the only ones this writer has been able to find, re-
garding the confiscation and disposition of property and money
lawfully seized when in use for gaming purposes, are Articles
633, 636, 637 and 638, V.A.P.C.
By Acts 1941, 47th Leg., p. 353, ch. 192, the Legis-
lature amended Article 637 of the Penal Code, 1925, and Section
3 thereof reads in part as follows:
"If upon a hearing of .the matter referred .to
in ,Aticle 66. Penal Code of Texas, the Justice of
the Peace,*. . . shall determine that the property
seized is a gaming table, bank or gambling parapher-
nalia and equipment per se, or . . . was in fact
used as equipment or paraphernalia for a gambling
house or was being used for gaming purposes, then
any nmone or coins seized in or with'said equipment
or paraphernalia shall, by order of the court, be
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6748, text, 1945; (texashistory.unt.edu/ark:/67531/metapth264025/m1/1/?rotate=90: accessed January 23, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.