People v. One 1960 Ford 2DHTTHBD

This is an appeal from a judgment forfeiting to the State of California the interests of certain persons in a 1960 Ford automobile upon the ground that said vehicle was used to transport marijuana. (Health & Saf. Code, §§ 11610-11629.) The appeal is taken on a clerk’s transcript.

“Notice of Seizure and Intended Forfeiture Proceedings” filed in the court below on January 4, 1963, was duly served on Crocker-Anglo National Bank as legal owner and Walter Tyler Cole as registered owner. The latter failed to answer the notice and his default was thereafter entered. Both the bank and Anna L. Cole, mother of the registered owner and an intervening claimant of the vehicle, filed answers to the notice.

So far as is here pertinent the trial court found substantially as follows: On November 25, 1962, the defendant vehicle was used illegally and in violation of section 11610. At said time, Walter Tyler Cole was the registered owner of record of the ear and Crocker-Anglo National Bank was the legal owner thereof. Prior thereto, in April 1962 the intervening claimant, Anna L. Cole, tendered $1,600 to her son, Walter Tyler Cole with the understanding that the money was to be used toward the…