State v. Rose

Richards, J.,

delivering the opinion of the Court:

The grounds upon which the petitioner claims that he is entitled to the return of his automobile are two:

First; that the portion of the statute providing for the forfeiture of a conveyance used in the transportation of liquor, upon the conviction of the user of said conveyance, applies to public and private carriers only and not to individuals;

Second; that said portion of the statute is in violation of the Constitution of the United States and the Constitution of the *171State of Delaware, in that, when invoked, it amounts to a taking of property…