Pennington v. Commonwealth

Burks, J.,

delivered the opinion of the court. •

This writ of error brings under review a judgment of the Hustings Court of the city of Richmond forfeiting to the Commonwealth an automobile engaged in the illegal transportation of intoxicating liquors. Two persons asserted claims upon the automobile as superior to the Commonwealth’s right of forfeiture—F. C. Pennington, as innocent owner, and J. L. Ricker, as a prior innocent lienor. By consent of parties the case was submitted to the decision of the judge of the trial court, without the intervention of a jury. The trial judge decided that the…