STATE v. McPEAK

No. 653.

90 S.E.2d 505 (1955)

243 N.C. 273

STATE v. Cordell Hull McPEAK.

Supreme Court of North Carolina.

December 14, 1955.


Attorney(s) appearing for the Case

Woltz & Woltz, Mount Airy, J. N. Freeman, T. M. Faw, and Frank Freeman, Dobson, for petitioner, appellant.

William B. Rodman, Jr., Atty. Gen., Claude L. Love, Asst. Atty. Gen., Charles M. Neaves, Elkin, Charles L. Folger, Dobson, for respondent, appellee.


HIGGINS, Justice.

The General Assembly of 1953, Chapter 909, § 5(b), now G.S. § 90-111.2 (b), authorized the confiscation of any private vehicle, vessel, or aircraft unlawfully used for the purpose of concealing and transporting narcotic drugs.

In the illegal transportation of narcotics the vehicle offends and is subject to forfeiture. The forfeiture can be defeated and the car recovered by the true owner only if he can establish his title and show...

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