Aldinger v. State

Citations

• 115 Miss. 314
• 75 So. 441

Syllabus

<p>1. Intoxicating Liquors. Transporting liquors. Forfeiture of vehicles. Statute.</p> <p>Under Laws 1916, chapter 103, section 16, providing for the forfeiture of vehicles used in violating the liquor laws, this statute supplementing Code 1906, section 1750, providing that proof that the car was not used with the owner’s knowledge or consent shall be a complete defense, where in a suit by the state for the forfeiture of a vehicle used in transporting intoxicating liquors, the undisputed facts showed that neither the taxicab owner, nor chauffer knew that a passenger was using the car to transport intoxicating liquors and that the owner had not been negligent - in employing the chauffer and had directed him not to use the car for such illegal purposes, in such case the court could not order the car forfeited and destroyed.</p> <p>2. Violation of Liquors Laws. Transportation. Presumption of knowledge.</p> <p>The fact that an automobile is used by a passenger for the unlawful transportation of intoxicating liquors makes out a primafacie case of the guilty knowledge of the owner of the vehicle, which may however be rebutted by proven facts in the case.</p>