United States v. One Chevrolet Coach

D. Oregon

United States v. One Chevrolet Coach

25 F.2d 917, 1928 U.S. Dist. LEXIS 1141

CourtDistrict Court, D. Oregon

DecidedMarch 6, 1928

DocketNo. 10197

StatusPublished

Cited by4 cases

This text of 25 F.2d 917 (United States v. One Chevrolet Coach) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. One Chevrolet Coach, 25 F.2d 917, 1928 U.S. Dist. LEXIS 1141 (D. Or. 1928).

Pincite

Opinion

McNARY, District Judge.

This is a libel filed by the United States to forfeit a certain Chevrolet car, under sections 3061 and 3063 of the Revised Statutes (19 USCA §§ 482, 483). The case was tried upon an agreed state of facts, namely, that at the time of its seizure the ear was being driven, in Portland, Or., by George Reed, and the remaining occupants were Blanch St. Germain and Jimmy Sun; that Reed had taken the ear from the garage of the owner without the owner’s knowledge or consent; that while in the car Blanch St. Germain had in her possession three packages of opium, and when the officers ordered the car to stop sho threw the opium into the street.

There is nothing in the record to show that the ear was being used as an instrumentality for the concealment or transportation of the unlicensed drug. The opium was concealed and transported on the person of Blanch St. Germain. I do not think the statute contemplates that the car shall be considered as the offender in cases of this kind. United States v. One Ford Automobile Truck (D. C.) 286 F. 204; United States v. One 1920 Premier Automobile (C. C. A.) 297 F. 1007.

The libel will be dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

McNARY, District Judge.

This is a libel filed by the United States to forfeit a certain Chevrolet car, under sections 3061 and 3063 of the Revised Statutes (19 USCA §§ 482, 483). The case was tried upon an agreed state of facts, namely, that at the time of its seizure the ear was being driven, in Portland, Or., by George Reed, and the remaining occupants were Blanch St. Germain and Jimmy Sun; that Reed had taken the ear from the garage of the owner without the owner’s knowledge or consent; that while in the car Blanch St. Germain had in her possession three packages of opium, and when the officers ordered the car to stop sho threw the opium into the street.

There is nothing in the record to show that the ear was being used as an instrumentality for the concealment or transportation of the unlicensed drug. The opium was concealed and transported on the person of Blanch St. Germain. I do not think the statute contemplates that the car shall be considered as the offender in cases of this kind. United States v. One Ford Automobile Truck (D. C.) 286 F. 204; United States v. One 1920 Premier Automobile (C. C. A.) 297 F. 1007.

The libel will be dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

25 F.2d 917, 1928 U.S. Dist. LEXIS 1141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-chevrolet-coach-ord-1928.

Opinion

Related

Cite This Page — Counsel Stack