People v. One 1964 Chevrolet Covette Convertible

The within forfeiture proceeding had its genesis in the arrest of Frederick Benton Busch. Charged with unlawful possession of a billy club, possession of marijuana for sale and possession of marijuana (§11530, Health & Saf. Code) on October 13, 1964, he was acquitted by a jury on the first two counts but found “guilty of a violation of section 11530 of the Health and Safety Code, possession of a narcotic, to wit, marijuana, a felony, as charged in Count III of the information.” (People v. Frederick Benton Busch, No. 295692.) 1 No appeal was taken from the judgment and the same became final.

On October 19, 1964, these proceedings were brought against the 1964 Chevrolet Corvette Convertible in the possession of Frederick on October 13, 1964, alleging that the vehicle was unlawfully used for possession of marijuana, in violation of section 11610, Health and Safety Code. 2 Irving *724 Busch, Frederick’s father and the registered owner, was served with Notice of Seizure and Intended Forfeiture (§§ 11612 et seq., Health & Saf. Code) and filed an answer admitting ownership of the vehicle but denying that either he or Frederick had knowledge that the same was used for an unlawful…