United States v. One 1957 Oldsmobile Automobile, Motor No. A227445, and General Motors Acceptance Corporation, Intervenor

TUTTLE, Circuit Judge.

This is an appeal by the United States from an order by the District Court remitting the automobile in question to the intervenor General Motors Acceptance Corporation, in a condemnation proceeding under the provisions of 49 U.S.C.A. §§ 781 and 782. 1

This is an example of “hard cases making bad law” so far as the judgment of the trial court is concerned. Finding, as he did, that a “very small quantity” (13 grains from which 4 to 9 cigarettes could be made) was “in the possession” of one Johnson sitting on the right hand side of the automobile owned by and driven by…