State v. Arnold

This case concerns the forfeiture of a 1988 Ford Bronco to the State of Texas under the Controlled Substances Act, Tex. Rev.Civ.Stat.Ann. art. 4476-15, § 5.03(a)(5) (Vernon Supp.1989). Under that Act, the State must prove knowledge or consent to an offense by the owner of a vehicle before forfeiture is permitted.

The Bronco was registered to Albert Arnold but was being driven by Jody Curry, Arnold’s brother-in law, at the time it was stopped. At trial, the state sought to prove Curry was the true owner rather than Arnold.

Hearsay testimony was admitted at trial, without objection, that Curry…