COMMONWEALTH v. ONE 1972 CHEVROLET VAN


385 Mass. 198 (1982)

431 N.E.2d 209

COMMONWEALTH vs. ONE 1972 CHEVROLET VAN.

Supreme Judicial Court of Massachusetts, Middlesex.

February 4, 1982.


Attorney(s) appearing for the Case

John C. McBride for the defendant.

Robert L. Rossi, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, & NOLAN, JJ.


WILKINS, J.

We conclude that in a proceeding under G.L.c. 94C, § 47, for the forfeiture of a motor vehicle used in the unlawful distribution of a controlled substance, the owner of the motor vehicle is entitled to a trial by jury.

General Laws c. 94C, § 47 (a) (3), inserted by St. 1971, c. 1071, § 1, calls for the forfeiture to the Commonwealth of "[a]ll conveyances, including ... vehicles, ... which are used ... to transport, conceal...

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