People v. One 1941 Buick Sport Coupe

The state obtained a judgment forfeiting an automobile in which an occupant of it, without the knowledge of the registered owner who then had possession and control of the vehicle, was carrying some marihuana cigarettes. The propriety of that judgment depends upon the construction of the forfeiture provisions of the Health and Safety Code.

In the “Notice of Seizure and Intended Forfeiture Proceedings” the attorney general asserted that the automobile “was used to unlawfully conceal, convey, carry or transport marihuana, and marihuana was in the possession of an occupant thereof.” By its…