UNITED STATES v. PIERSON

No. 41108.

44 F.2d 852 (1930)

UNITED STATES v. PIERSON.

District Court, W. D. Washington, N. D.

November 18, 1930.


Attorney(s) appearing for the Case

Anthony Savage, U. S. Atty., and Jeffrey Heiman, Asst. U. S. Atty., both of Seattle, Wash.

Paul D. Coles, of Seattle, Wash., for defendant.


NETERER, District Judge.

By expressed provision of section 26, tit. 2, National Prohibition Act (27 USCA § 40), the transporting vehicle must be seized by officers making the arrest. Separate proceeding to forfeit is not required. Every office of a separate forfeiture proceeding is provided by section 26, supra, and the vehicle being in custodia legis, the court shall, unless good cause be shown, sell the same. The statute gives a new power, a power to divest...

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