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STATE EX REL. WHITENER v. KIXMILLER

No. WD 33333.

664 S.W.2d 220 (1983)

STATE of Missouri ex rel. Billy G. WHITENER, Sergeant of the Missouri State Highway Patrol, Respondent, v. Tracy Ann KIXMILLER and all parties interested in or having an interest in a certain 1974 Datsun automobile VIN # HL610007731, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied August 30, 1983.

Application for Transfer Sustained October 18, 1983.

Case Retransferred January 30, 1984.

Opinion Readopted February 3, 1984.

Attorney(s) appearing for the Case

F. Randall Waltz, III, Barton & Waltz, Jefferson City, for appellant.

Robert L. Hawkins, III, Stephen G. Newman, Asst. Pros. Attys., Jefferson City, for respondent.

Before SOMERVILLE, C.J., SHANGLER, PRITCHARD, DIXON, TURNAGE and CLARK, JJ., and MOORE, Special Judge.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied August 30, 1983.

Court of Appeals Opinion Readopted February 3, 1984.

CLARK, Judge.

Tracy Ann Kixmiller appeals from a judgment declaring her 1974 Datsun automobile forfeited to the state. The forfeiture was sought on the ground that § 195.145.1, RSMo 1978 sanctions the penalty where any vehicle, vessel or aircraft is used in connection with the transportation, sale or...

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