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BLACKSHEAR v. STATE

521 P.2d 1320 (1974)

In the matter of the Retention of One 1971 Thunderbird Automobile. Jerry BLACKSHEAR, Respondent, v. STATE of Oregon, Appellant.

Court of Appeals of Oregon.

Decided May 6, 1974.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem, for appellant.

No appearance for respondent.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

Submitted on Record and Appellant's Brief April 24, 1974.

SCHWAB, Chief Judge.

This is an action brought under ORS 167.247, 471.660 and 471.665 concerning forfeiture of a vehicle used to transport contraband. The trial judge refused to order forfeiture and the state appeals.

Plaintiff owned and was operating a vehicle when a passenger was arrested for possessing heroin. The passenger was thereafter convicted of the crime of criminal activity in drugs...

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