Commonwealth v. Truck

• Decision Date: 15 July 1949
• Parties: COMMONWEALTH et al. v. ONE 1927 GRAHAM TRUCK, etc.
• Court: Pennsylvania Superior Court

165 Pa.Super. 1
67 A.2d 655

COMMONWEALTH et al.
v.
ONE 1927 GRAHAM TRUCK, etc.

Superior Court of Pennsylvania.

July 15, 1949.

Appeal No. 31, February term, 1949, from the Order of the Court of Quarter Sessions of Luzerne County, No. 517, June Sessions, 1948; John J. Aponick, Judge.

Petition by Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, against one 1927 Graham Truck, in the possession of George Gillis, 405 Jones Street, Nanticoke, Pennsylvania, for an order of condemnation and forfeiture of truck. From order dismissing petition, petitioner appeals.

Order reversed and record remitted.

67 A.2d 656

Edmund P. Hannum, Special Deputy Atty. Gen., Horace A. Segelbaum, Deputy Atty. Gen., T. McKeen, Chidsey, Atty. Gen., for appellants.

Leon F. Rokosz, Wilkes-Barre, for appellee.

Before Rhodes, P. J., and HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ.

HIRT, Judge.

The 1927 Graham Truck, the subject of this proceeding, was seized by enforcement officers of the Liquor Control Board pursuant to § 201(f) of the Pennsylvania Liquor Control Act, as amended by the Act of June 16, 1937, P.L. 1762, 47 P.S. § 744-201, which authorizes the seizure of any vehicle used in the unlawful sale of liquor, malt or brewed beverages. Alleging that the truck when seized ‘had been possessed or used or was intended for use’ in violation of the Pennsylvania Liquor Control Act as modified by the amendment of 1937, supra, the Liquor Control Board petitioned the court for an order of condemnation and forfeiture of the vehicle. George Gillis was the registered owner of the truck and he was served with a copy of the petition. He appeared and testified at the hearing is this case. The lower court on consideration of all the testimony found the evidence insufficient to support an order of forfeiture and dismissed the petition. The order will be reversed.

On Sunday, August 15, 1948, two enforcement officers of the Liquor Control Board went to the Hanover Athletic Association Park in Nanticoke where an amateur baseball game, sponsored by a number of citizens, was scheduled to be played. One of the officers testified, and there is no dispute as to these facts: At 2:30 p. m. Gillis drove his 1927 Graham truck, in question here, into the ball park. He immediately removed a Coca-Cola Cooler and four cases of beer from the truck. He took all of the cans of beer from the cartons and placed them in the cooler. Gillis then set up a counter from material which he removed from the truck, on which...