IN RE 1962 VOLKSWAGEN SEDAN

No. 2 CA-CIV 652.

10 Ariz. App. 349 (1969)

458 P.2d 969

In the Matter of the 1962 VOLKSWAGEN SEDAN, Motor No. 4230506, Arizona License No. JGR-254. The STATE of Arizona, Appellant, v. William C. COOK, Appellee.

Court of Appeals of Arizona. Division 2.

Rehearing Denied October 10, 1969.

Review Granted November 25, 1969.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, William J. Schafer III, Pima County Atty., Jacqueline Schneider, Deputy County Atty., Tucson, for appellant.

Martin S. Rogers, Emojean K. Girard, Legal Aid, Tucson, for appellee.


HATHAWAY, Judge.

The State of Arizona appeals from the judgment dismissing its action to forfeit the vehicle of William C. Cook, which vehicle was allegedly used in violation of this State's narcotic laws.

On April 24, 1968, a State narcotic agent purchased marijuana from Mike Valentino and Mike Cook, the latter being the son of William C. Cook and in possession of the vehicle. No arrest was made at the time of the sale. On July 11, 1968, Mike Valentino was...

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