United States v. One 1939 Chevrolet Sedan, Engine No. 2402802

WALLER, District Judge.

The government, in this case, seeks the forfeiture of a Chevrolet automobile on the ground that said automobile was used in concealing and removing untax-paid moonshine whiskey with the intent to defraud the government out of the tax, contrary to 26 U.S.C.A.Int.Rev.Code § 3321. Motion is made, and heard, to dismiss the forfeiture proceedings.

The witnesses for the government testified that the car in question was driven into the yard of a third party; that the driver and a negro got out of the car, whereupon the driver unlocked the trunk, from whence the negro took two…