People v. One 1923 Buick Coupe Automobile

Good Law
1925 Cal. App. LEXIS 569·71 Cal. App. 601·236 P. 198
Court of Appeal of CaliforniaMarch 7, 1925Docket No. 2920.California1,029 words

Opinion

Lead Opinion

Hart, J.

The district attorney of Humboldt County, purporting to act under the state prohibition law, known as the Wright Act (Stats. 1921, p. 79), instituted this action in the name and on behalf of the People of the State of California, against the defendant automobile to secure a decree declaring and adjudging it to be a common nuisance, and directing the sale thereof by the sheriff of Humboldt County at public sale, 1 ‘ and that the proceeds of such sale be applied to the payment of the costs of this action . . . and the balance thereof be disposed of as provided by law,” etc.

It appears from the complaint that at all times mentioned therein Helen McKeon was the registered owner of said automobile and that Airth Automobile Company of Eureka, California, was the legal owner thereof; that on the seventeenth day of November, 1923, in the county of Humboldt, one C. La Chappelle had possession of said automobile, “and then and there willfully and unlawfully used and employed said defendant for the transportation of intoxicating liquor, to wit, whisky”; that at said time and place and on the date stated said La Chappelle, while so using said automobile, was arrested and said automobile…

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