Escobedo

This is an appeal from a judgment forfeiting an automobile because of its carriage of intoxicating liquor into the Indian Country in violation of Sec. 247, Title 25 U.S.C., 39 Stat. 970 .

The appellee filed a libel of information for the forfeiture of an automobile belonging to one Ermelindo Escobedo, hereinafter called the owner, charging that the owner, the driver of the car and one Melendrez, introduced and conveyed into the Crow Indian Reservation in Montana, a part of the Indian Country, certain vinous intoxicating liquor, to wit, wine. The owner, as lien claimant, answered and denied such carriage in his automobile and at the hearing the carriage in his automobile was proven.

The further answer of the owner alleged that at no time preceding the seizure or at the time of the seizure did he have any information whatsoever that the automobile contained any wine. Evidence on the latter issue was offered but the district court in its decision made no finding thereon. It summarized the evidence but the summary states no more than that it brings the owner in close contact with the jug of wine found in the car and that it was returned to the automobile after the passenger…

(concurring).

The circumstances of this case were such as to put appellant on inquiry if not to charge him with actual knowledge of the presence of the intoxicants in his car. The trial court took that view of the evidence. I concur in the affirmance on that ground.