People v. One 1940 Oldsmobile Club Coupe, Serial No. CF0519379

YORK, P. J. This is an appeal by Maria R. Lopez, the registered owner of a 1940 Oldsmobile club coupe, from a judgment ordering such vehicle forfeited to the state for a violation of the provisions of sections 3, 51 (subd. 4) and 51 (g) of the Alcoholic Beverage Control Act (Stats. 1935, p. 1123, and amendments thereto; 2 Deering’s Gen. Laws, Act 3796), in that it was being unlawfully used on December 7, 1945, to conceal alcoholic beverages.

. Appellant urges (1) that the evidence does not support the finding that she used the seized vehicle to conceal alcoholic beverages with the intent to sell the same without a license; (2) that concealment in, without transportation by, of alcoholic beverages is insufficient to justify the forfeiture of a vehicle; (3) that the record of a former proceeding against appellant in the municipal court was inadmissible herein.

State Liquor Control Officer Franco, one of the arresting officers, testified that at 1 a. m. on December 7, 1945, in company with two girls he entered the La Fiesta Inn on Sunset Boulevard in the city of Los Angeles and inquired of a waitress if he could buy a pint of whiskey; the waitress referred him to appellant Lopez, who said she had no pints but could let him have a fifth for $10; that he indicated his willingness to pay that price, whereupon he saw appellant leave the premises; that upon her return within five or seven minutes, she called him to the back of the room and handed him a bottle in a paper bag; that he gave her a five dollar bill and five ones, making a memorandum of the serial numbers thereof; that the bottle in the bag which he received from appellant eon[374]tained a fifth of whiskey labeled “Hill and Hill, Bourbon Whiskey, a Blend.” The witness identified a fifth of Hill and Hill Bourbon Whiskey as the same bottle which appellant gave him, and it was stipulated that the bottle contained whiskey. Said witness further testified that after he received the bottle from appellant he placed it in the booth where he was seated with his companions and then walked to the door and signaled to some officers who then entered the establishment.

State Liquor Control Officer Pilkington, who was present when appellant was arrested on December 7, 1945, testified he was in charge of the group of officers making an investigation of reported bootlegging at the La Fiesta Inn; that at the time of appellant’s arrest, he had seized a 1940 Oldsmobile coupe, California License No. PC F 111, which he saw for the first time that evening when it was parked on the south-side of Sunset facing east and a little west of the La Fiesta Café; that he had come to the café with other officers; that Officer Franco entered the café and the witness and the other officers walked across the street and watched the door of the café; that the witness knew appellant by sight; that he saw her come out of the café, walk to the automobile, reach in the ear and take an object out and then walk down the sidewalk toward the café; that he could not tell what the object was; that a ear then drove up to the café, some people got out and talked to appellant, who was standing on the sidewalk about halfway between the entrance to the café and appellant’s parked Oldsmobile; that at the end of this conversation, appellant handed to these people the object she was carrying ; that said witness could not definitely say that any money was transferred but “there was an exchange of hands on the sidewalk . . . there was an exchange of something”; whereupon appellant went back into the café; that a few minutes later appellant “came out of the café, went to the same automobile, opened the same door on the street side, took another object out of the automobile and went into the café with the object.” Officer Pilkington further testified that shortly thereafter Officer Franco came to the door of the café and signaled, whereupon the witness and the other officers accompanying him went into the café and placed appellant under arrest; that the witness then demanded of appellant that she return the money which Officer Franco had given to her; that she denied she had it, a search of the entire building failing to disclose it; that appellant was searched at Lincoln Heights jail and that the money was handed to the witness