People v. One 1954 Oldsmobile 4-Door Sedan

Defendants, husband and wife appeal from a judgment forfeiting to the state a 1954 Oldsmobile of which they were the registered coowners upon the ground that it was used unlawfully to transport narcotics. (Health & Saf. Code, § 11610.)

The trial court found that the vehicle was used by the defendant Mrs. Medaris to unlawfully carry and transport isonipecaine (Demerol), a narcotic, and that such narcotic was unlawfully in her possession while she was an occupant of the vehicle. The defendants contend that this finding is not supported by the evidence. We find no merit in this claim and accordingly are affirming the judgment.

The evidence is undisputed. On March 30, 1957, the defendant Mrs. Medaris presented to P. Melvin ICnoll, a pharmacist employed by the Temple City Professional Pharmacy in Temple City, a prescription for 30 centimeters of Demerol with 100 milligrams per 2 centimeters. Mr. Knoll obtained from the pharmacy stock a sealed vial containing 30 centimeters of Demerol; removed therefrom the manufacturer’s label; placed thereon the label of the pharmacy and delivered the same to Mrs. Medaris, who thereupon proceeded directly to the automobile in question, entered the…