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COMMONWEALTH v. ONE 1957 PLYMOUTH BELVEDERE SEDAN (MCDOWELL) (11/12/64)

SUPERIOR COURT OF PENNSYLVANIA


decided: November 12, 1964.

COMMONWEALTH, APPELLANT,
v.
ONE 1957 PLYMOUTH BELVEDERE SEDAN (MCDOWELL)

Appeal from order of Court of Quarter Sessions of Philadelphia County, May T., 1963, No. 5, in case of Commonwealth of Pennsylvania v. One 1957 Plymouth Belvedere Sedan (David McDowell).

COUNSEL

James Iannucci, Special Assistant Attorney General, with him I. Harry Checchio, Special Assistant Attorney General, Thomas J. Shannon, Assistant Attorney General, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

No argument was made nor brief submitted for appellee.

Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P. J., absent). Opinion by Ervin, J.

Author: Ervin

[ 204 Pa. Super. Page 292]

This is an appeal by the Pennsylvania Liquor Control Board from the order of the court below denying the board's petition for the forfeiture of a 1957 Plymouth Belvedere four-door sedan.

[ 204 Pa. Super. Page 293]

The opinion of the court below clearly reveals that the forfeiture was refused because of the illegal seizure of the automobile by the police officers. In the case of Com. v. One 1958 Plymouth Sedan (McGonigle), 414 Pa. 540, 201 A.2d 427, our Supreme Court held that the validity of the seizure is of no moment and that such illegal seizure would not preclude the civil proceeding for the forfeiture of the automobile. We will, therefore, remand this case to the court below so that it may exercise its discretion and determine, after hearing, whether the forfeiture should be allowed.

Remanded.

Disposition

Remanded.

19641112

© 1998 VersusLaw Inc.



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