Opinion
December 11, 1963.
March 19, 1964.
Liquor Law — Forfeiture of vehicle used in unlawful transportation of liquor — Discretion of lower — Evidence — Owner's knowledge of illegal use of car — Identification of car containing liquor.
In this case, in which it appeared that the Commonwealth filed a petition for forfeiture of a motor vehicle alleged to have been used in the unlawful transportation of liquor; and that the court below, finding that the testimony as to the vehicle in which alcoholic liquids were found was vague and uncertain, and that the uncontradicted testimony was to the effect that the reputed owner of the vehicle had no knowledge of its illegal use, and holding that the court had discretion in vehicle forfeiture cases, dismissed the petition; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 414, Oct. T., 1963, from order of Court of Quarter Sessions of Montgomery County, Sept. T., 1962, No. 4, miscellaneous docket, in the matter of Commonwealth of Pennsylvania v. One 1961 Oldsmobile Station Wagon (Samuel Refino). Judgment affirmed.
Same case in court below: 32 Pa. D. C. 2d 644.
Proceeding upon petition of Commonwealth for forfeiture of motor vehicle used in illegal transportation of liquor. Before QUINLAN, JR., J.
Order entered dismissing petition. Commonwealth appealed.
James J. Phelan, Jr., Special Assistant Attorney General, with him Thomas J. Shannon, Assistant Attorney General, and Walter E. Alessandroni, Attorney General, for Pennsylvania Liquor Control Board, appellant.
Jonathan DeYoung, for appellee.
Argued December 11, 1963.
Judgment affirmed on the opinion of Judge QUINLAN of the Court of Quarter Sessions of Montgomery County.