ONE 1980 PONTIAC v. STATE

No. C-4871.

707 S.W.2d 881 (1986)

ONE 1980 PONTIAC, VIN # 2D19SAP21357 et al., Petitioners, v. The STATE of Texas, Respondent.

Supreme Court of Texas.

Rehearing Denied May 14, 1986.


Attorney(s) appearing for the Case

Rick Bowman, Johnson, Johnson & Rothfelder, Fort Worth, for petitioners.

Mary Thornton Taylor, Fort Worth, for respondent.


KILGARLIN, Justice.

The issue in this appeal from an automobile forfeiture is whether a small amount of marihuana secreted in a handbag of the car's owner means the auto is being used in violation of the Texas Controlled Substances Act, Tex.Rev.Civ.Stat.Ann. art. 4476-15, § 5.03. The owner of the vehicle pleaded guilty to a misdemeanor marihuana possession charge. She paid a $50 fine and $82 in court costs. Petitioner, although the owner, was a passenger in her...

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