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IN RE ONE 1965 FORD MUSTANG

No. 1 CA-CIV 776.

10 Ariz. App. 45 (1969)

455 P.2d 995

In the Matter of ONE 1965 FORD MUSTANG, Motor No. 5RO7A242628, License No. HGH-968. STATE of Arizona, Appellant, v. Rose I. LEWIS, Appellee.

Court of Appeals of Arizona.

Rehearing Denied September 5, 1969.

Review Granted November 4, 1969.

Attorney(s) appearing for the Case

Robert K. Corbin, Maricopa County Atty., Ronald W. Meyer, Deputy County Atty., Phoenix, for appellant.

Kramer, Roche, Burch, Streich & Cracchiolo, by B. Michael Dann, Phoenix, for appellee.

HATHAWAY, Judge.

The State appeals from a ruling that A.R.S. § 36-1041 et seq., is unconstitutional because no provision is made for an innocent owner's avoidance of forfeiture of an automobile used for transportation of narcotics. A.R.S. § 36-1041 states:

"The interest of the legal owner or owners of record of any vehicle used to transport unlawfully a narcotic drug, or in which a narcotic drug is unlawfully kept, deposited or concealed, or in...

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