United States v. Eva Mae Clanton

LEWIS, Circuit Judge.

The United States appeals from a portion of the judgment of the District Court refusing forfeiture of a 1954 Mercury automobile owned by appellee. Forfeiture was claimed by libel alleging an unlawful use of the vehicle in violation of 18 U.S.C.A. § 1262 1 by virtue of 18 U.S.C.A. § 3615. 2 The trial court concluded that the Mercury automobile had not been used in the transportation of liquor into Oklahoma within the prohibition of the applicable statutes, supra.

The findings of the court below reveal that “on June 5, 1957, Investigators of the Alcohol Tobacco Tax Unit of…