State v. McPeak

The General Assembly of 1953 (Chapter 909, s. 5b), now G.S. 90-111.2, authorized the confiscation of any private vehicle, vessel, or aircraft unlawfully used for the purpose of concealing and transporting narcotic drugs.

In the illegal transportation of narcotics the vehicle offends and is subject to forfeiture. The forfeiture can be defeated and the car recovered by the true owner only if he can establish his title and show the transportation of contraband was without his knowledge or consent. (See G.S. 18-6.)

In this case the petitioner claims the facts in the case did not warrant the jury in…