United States v. One 1956 Ford Fairlane Tudor Sedan, Motor No. M6et100140

BREITENSTEIN, Circuit Judge.

The government seeks the forfeiture of a Ford Fairlane automobile under 26 U.S.C. §§ 7301 and 7302 because of the transportation therein of sugar allegedly intended for use in the unlawful manufacture of distilled spirits. The car is claimed by its owner, Kirkes, who was driving it at the time of seizure. Kirkes was indicted under 26 U.S.C. § 5686(b) for the possession of property intended for use in violation of the provisions of Chapter 51 of the Internal Revenue Code of 1954 which relate to the manufacture of distilled spirits. He was tried by a jury and…