James Hoyt Rector v. Texas Alcoholic Beverage Commission

Petitioner, James Hoyt Rector, sought a Wine and Beer Retailers Off-Premise License for his proposed convenience store in Newton County. The County Judge of Newton County denied the application and this denial was affirmed by the District Court upon Rector's appeal. The court of civil appeals affirmed. 598 S.W.2d 888. Petitioner's first three points of error in the court of civil appeals which are the thrust of his application for writ of error are that he was denied due process because of the manner that the administrative hearing before the County Judge was conducted. His primary complaints are that witnesses were not sworn and that he was denied the right of cross-examination. The court of civil appeals did not find it necessary to consider Rector's due process points of error because it found that substantial evidence was introduced in the district court to support the denial by the County Judge.