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ONE 1982 DATSUN 280ZX v. BENTLEY

No. 84-240.

685 S.W.2d 498 (1985)

285 Ark. 121

ONE 1982 DATSUN 280ZX, VIN NO. JN1CZ04S6CX625757, ARKANSAS LICENSE NO. IXK 624 and John Nabors, Appellants, v. Wilbur C. BENTLEY, Prosecuting Attorney, Sixth Judicial District, ex rel. NORTH LITTLE ROCK POLICE DEPARTMENT, Appellee.

Supreme Court of Arkansas.

Rehearing Denied March 25, 1985.

Attorney(s) appearing for the Case

John Wesley Hall, Jr., Little Rock, for appellants.

Eddy Montgomery, Little Rock, for appellee.

HICKMAN, Justice.

The Pulaski County Circuit Court ordered John Nabors' 1982 Datsun forfeited because it had been used to deliver controlled substances. On appeal Nabors makes three arguments: the Arkansas forfeiture statute is unconstitutional because it violates Ark. Const. Art. 2 § 22 (1884); the burden of proof in such cases should be beyond a reasonable doubt rather than by a preponderance of the evidence; and the trial court improperly limited the cross...

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