Lizaso

This is an appeal from the order of the trial court declaring a Ford coupé automobile forfeited and directing the same to be turned over to the Department of Justice for the use of the Bureau of Prohibition. That the automobile was being used by the appellant for the unlawful transportation of intoxicating liquor consisting of a gallon jug of whisky is admitted. The appellant pleaded guilty to the offense of transporting the intoxicating liquor, but contends that the seizure is unlawful by reason of the fact that the automobile was not seized while engaged in transportation. It appears that on April 9, 1932, the officers of the prohibition department saw the appellant leave his premises in the automobile in question; that they followed him for a number of blocks around the city of Boise, Idaho, because by reason of prior observation of him they came to the conclusion that he was engaged in illicit liquor traffic. The appellant, evidently suspecting that he was being followed, threw the whisky overboard. The prohibition enforcement officers, instead of following the machine and arresting the appellant, stopped and examined the broken jug and its contents confirming their suspicions…