People v. One 1941 Buick Sport Coupe

EDMONDS, J.

The state obtained a judgment forfeiting an automobile in which an occupant of it, without the knowledge of the registered owner who then had possession and control of the vehicle, was carrying some marihuana cigarettes. The propriety of that judgment depends upon the construction of the forfeiture provisions of the Health and Safety Code.

In the “Notice of Seizure and Intended Forfeiture Proceedings” the attorney general asserted that the automobile “was used to unlawfully conceal, convey, carry or transport marihuana, and marihuana was in the possession of an occupant thereof.” By its answer, Kelley Kar Company, a corporation, the legal owner, set up the defense of reasonable investigation of the moral responsibility, character and reputation of Ignacio N. Marquez, the registered owner. The corporation also denied having any knowledge that the automobile was to be used for the transportation of narcotics, and alleged, upon information and belief, that narcotics were not unlawfully possessed by any occupant of the vehicle and that

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it was not used to unlawfully conceal or transport marihuana or any other narcotics. The defense of Marquez was that he had no knowledge of the possession of marihuana by any occupant of the automobile and that it “was not being used for any unlawful purposes. ’ ’

As the appeal is upon the judgment roll, the findings of fact made by the trial court are deemed to be supported by the evidence. Ownership of the automobile was found to be as alleged by the state. The court also determined that at the time it was seized, the vehicle was in the possession and under the immediate control of Marquez. James Taylor, an acquaintance of Marquez, was an occupant of the ear; he, Marquez and another person were en route to a theater. Taylor, without the knowledge of Marquez, had some marihuana cigarettes in his possession. Upon the issue of ownership, the finding was that Kelley Kar Company had a bona fide interest in the automobile in accordance with the terms of a contract of conditional sale, but that the vendor had made no investigation in regard to the moral responsibility, character and reputation of Marquez before the agreement was executed and the vehicle delivered to him.

Prom these findings the court concluded that “the vehicle . . . was not used with the knowledge of either the registered or legal owner to unlawfully conceal, convey, carry or transport marihuana, or that marihuana was in possession of an occupant thereof, contrary to the force and effect of section 11610 of the Health and Safety Code . . . [and it] . . . should be released to the registered and legal owners thereof ...” Judgment was rendered accordingly. Thereafter, the attorney general’s motion for a new trial was granted, the previous judgment vacated and set aside, and a judgment entered forfeiting the vehicle to the state. The appeal of Marquez and Kelley Kar Company is from that judgment.