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IN RE ONE 1971 DODGE CHARGER AUTOMOBILE

No. 4463.

291 So.2d 872 (1974)

In re Forfeiture to the use or Sale of ONE 1971 DODGE CHARGER AUTOMOBILE.

Court of Appeal of Louisiana, Third Circuit.

Rehearings Denied April 11, 1974.

Attorney(s) appearing for the Case

Gahagan & Kelly, H. C. Gahagan, Jr., Natchitoches, and Pugh & Nelson, Robert G. Pugh, Shreveport, for defendant-appellant.

Ronald C. Martin, D. A., Natchitoches, for plaintiff-appellee.

Before HOOD, CULPEPPER and MILLER, JJ.

MILLER, Judge.

Murrell Stansell appeals from the judgment forfeiting his 1971 Dodge Charger automobile to the use of or sale by Sam James, Sheriff of Natchitoches Parish, as permitted for violation of LSA-R.S. 40:989. We reverse.

On May 17, 1973, Stansell's son Charles was arrested on suspicion of burglary. Charles consented to a search of his apartment and the vehicle in question. Found in the car were two yellow...

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