United States v. One Studebaker Coach Automobile

(after stating the facts). The appellant contends that the finding of the court below that the possession of the liquor by the driver of the automobile was possession involved in and incidental to transportation is erroneous for the reason that the agreed facts show that at no time while the liquor was in the vehicle was the vehicle in actual motion. Whether the automobile is subject to forfeiture under Revised Statutes, § 3450, or the applicable statute is section 26 of title 2 of the National Prohibition Act is the vital question in the case. Section 26 of title 2 of the National Prohibition Act (27 USCA § 40) provides in substance, first, that when an officer shall discover any person in the act of unlawfully transporting intoxicating liquors in any vehicle he shall seize the Equor; and, second, that in such a case the officer shall take possession of the vehicle and arrest the person in charge, and order the sale of the vehicle if the possession of the liquor is possession in the transportation thereof. In Commercial Credit Co. v. United States, 276 U. S. 226 , 48 S. Ct. 232 , 72 L. Ed. 541 , the question was presented whether the pendency of a prosecution against a person in…