People v. One 1964 Chevrolet Corvette Convertible

This is an action for the forfeiture of an automobile which allegedly was used in violation of section 11610 of the Health and Safety Code (using vehicle for unlawful transportation or possession of narcotic). Irving Busch, the registered owner of the automobile, filed an answer to the People’s Notice of Seizure and Intended Forfeiture Proceedings. The verdict was in favor of the defendant. The court granted plaintiff’s motion for a new trial “on the ground of insufficiency of the evidence.” Defendant appeals from that order.

In lieu of a reporter’s transcript there is an “Agreed Statement On Appeal. ’ ’

Irving Busch was at all times mentioned in the statement the registered owner of the Corvette automobile involved herein. Prior to October 13, 1964, Irving delivered possession of the automobile to his minor son, Frederick, who thereafter possessed and used it with the consent and permission of the owner. On October 12, 1964, in the evening, while Frederick was driving the automobile in Los Angeles on Sunset Boulevard east of Bel Air, the automobile “ran out” of gasoline. Frederick asked two police officers for assistance, and the officers used their car to push the Corvette…