COM. v. ONE 1961 BUICK SEDAN (PALANGIO)


204 Pa.Super. 293 (1964)

Commonwealth, Appellant, v. One 1961 Buick Special Sedan (Palangio).

Superior Court of Pennsylvania.

November 12, 1964.


Attorney(s) appearing for the Case

Thomas J. Shannon, Assistant Attorney General, with him Floyd R. Warren, Special Assistant Attorney General, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

Myron W. Lamproplos, and Cassidy & Lamproplos, for appellee, submitted a brief.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY ERVIN, J., November 12, 1964:

This is an appeal by the Pennsylvania Liquor Control Board from an order of the court below denying the board's petition for the forfeiture of a 1961 Buick Special 4-door sedan.

The owner of the automobile testified as follows: "A fellow approached me in front of the Penn Albert Hotel and asked me if I wanted to make $25.00. I said yes. He said, `Lend me your car. I'll put 25 gallons of moonshine in and you deliver...

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