State of Ga. v. Bailey

Gunter, Justice.

This appeal relates to the constitutionality of the notice provision contained in a statute that allows condemnation of vehicles transporting contraband. The trial court granted the motion of the owner of the vehicle to dismiss the condemnation complaint on the ground that the notice afforded to him by the statute was constitutionally inadequate. The state appealed from the judgment of dismissal.

The action below began when the district attorney filed a "Petition to Seize and Condemn” a vehicle. Upon the filing of the complaint the trial judge entered the following order: "The…