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COMMONWEALTH v. ONE 1962 CHRYSLER HARDTOP SEDAN (THOMAS). (09/12/63)

September 12, 1963

COMMONWEALTH, APPELLANT,
v.
ONE 1962 CHRYSLER HARDTOP SEDAN (THOMAS).



Appeal, No. 170, April T., 1963, from order of Court of Quarter Sessions of Mercer County, March T., 1963, No. 74, in case of Commonwealth of Pennsylvania v. One 1962 Chrysler Hardtop Sedan. Order affirmed.

COUNSEL

William C. Sennett, Special Assistant Attorney General, with him Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

Bernard Goldstone, with him Routman, Moore & Goldstone, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Wright

[ 201 Pa. Super. Page 479]

OPINION BY WRIGHT, J.

This is an appeal by the Pennsylvania Liquor Control Board from an order of the Court of Quarter Sessions of Mercer County denying the Board's petition for forfeiture of a 1962 Chrysler hardtop sedan, manufacturer's

[ 201 Pa. Super. Page 480]

    serial number 81-23139964, and directing that the said motor vehicle be turned over and delivered to the Universal C.I.T. Credit Corporation. The factual situation appears in the following excerpt from the opinion of Judge McKAY for the court below:

"On January 4, 1963, at about 6:35 p.m., agents of the Board and Farrell City Police intercepted a delivery of two and a half gallons of untaxed and illegally sold moonshine whiskey in the possession of Mabel Thomas and Tip Sims, both of 59 Palmer Avenue, Campbell, Ohio. Although the evidence was contradictory as to some of the details of what happened at the time of the interception, we find from the testimony that Tip Sims drove the vehicle, which is the subject of the present proceeding, down an alley and stopped at the rear of 1006 1/2 Lee Avenue, Farrell. Thereupon, Mabel Thomas and three teenage people from Campbell got out of the car and walked into the premises with two gallon of moonshine whiskey concealed in bags. Mrs. Thomas was met on the inside of the premises by police of the City of Farrell who were waiting her arrival as a result of previously received information, and the whiskey was confiscated and Mrs. Thomas placed under arrest.

"Immediately thereafter E. L. Jacklin, an agent of the Liquor Control Board, and Chief Albert Timparo of the Farrell Police Force drove up behind the Chrysler Sedan as Tip Sims, the driver, got out and removed a third package wrapped in a blanket and containing one-half gallon of moonshine whiskey. They arrested Sims.

"At the Farrell Police Station both Sims and Mrs. Thomas pled guilty to unlawful possession of the whiskey which they admitted at the hearing had been delivered to the premises by the Chrysler Sedan, although Sims testified that he had ...


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