Culpepper v. State

Janice Culpepper appeals from the trial court's order condemning her 1980 automobile, which was seized during the arrest of her brother for the violation of controlled substances laws, specifically Ala. Code 1975, § 20-2-93. Culpepper contends that there was insufficient evidence for the trial court to find that she "could have obtained by the exercise of reasonable diligence knowledge of the intended illegal use of her automobile." We agree and reverse and remand.

We note at the outset that when evidence is presented ore tenus, the judgment of the trial court is presumed correct and will be…