In Re: Seizure of Motor Boat "Katie L."

106 So. 414, 90 Fla. 554

• Court: Supreme Court of Florida
• Decided: November 16, 1925
• Status: Published

Opinion

Per Curiam.

This appeal was taken under the statute from a final order adjudging a motor boat to be forfeited because it was used in the transportation of intoxicating liquors in violation of the statute. Chapter 7736, Acts of 1918;- Section 5458 et seq., Rev. Gen. Stats., 1920.

The boat was claimed by a third party as its Iona fide owner, which claim has substantial basis in the testimony. As the evidence adduced, as shown by the record, does not prove beyond a reasonable doubt that such owner was concerned in the violation of the statute, Sec. 5483, Rev. Gen. Stats., the order of forfeiture is reversed. See Armstrong v. State,. 85 Fla. 452, — South. Rep. —.

Whitfield, P. J., and Strum and Brown, J. J., concur. West, C. J., and Terrell, J., concur in the opinion.