Branham v. State, 34632

• Decision Date: 23 October 1953
• Docket Number: No. 1,No. 34632,34632,1
• Citation: 78 S.E.2d 559,89 Ga.App. 40
• Parties: BRANHAM v. STATE
• Court: Georgia Court of Appeals

Page 559

78 S.E.2d 559

89 Ga.App. 40

BRANHAM v. STATE.

No. 34632.

Court of Appeals of Georgia, Division No. 1.

Oct. 23, 1953.

Syllabus by the Court.

Even though the conveying of narcotics is not the primary purpose of the owner of a vehicle, if he does unlawfully transport contraband narcotics in such vehicle it is subject to condemnation as provided by the Code Ann.Supp. § 42-813.1.

James E. Findley, Savannah, for plaintiff in error.

Andrew J. Ryan, Jr., Sol. Gen., Savannah, for defendant in error.

QUILLIAN, Judge.

The Solicitor General of the Eastern Judicial Circuit filed a petition in the Superior Court of Chatham County to condemn, under the provisions of the act of 1952, Ga.L.1952, p. 201, Code Ann.Supp. § 42-813.1, a certain 1949 Buick automobile alleged to have been the property of one Isadore Branham. Branham filed a claim to the automobile, in which he alleged that the automobile was subject to a lien in favor of a certain automobile loan corporation; that the automobile involved was never used for the transportation of any narcotics, nor was it used for the transportation of any marijuana, as alleged in the petition to condemn; and that the automobile sought to be condemned was the property of the claimant. Upon the trial of the case before the judge of the superior court without a jury, the court entered an order condemning the automobile. The claimant made a motion for new trial on the general grounds, the trial court denied the motion, and the exception here is to that ruling.

In rendering the decision finding the automobile subject to condemnation, the judge of the trial court succinctly stated the evidence in the following language: 'Upon hearing the evidence in the case, it developed that the named officers of the City of Savannah seized the automobile and arrested the defendant [claimant] while he was driving the automobile on the streets of Savannah, and on searching him they found twenty-nine marijuana cigarettes in a package strapped to his leg near the crotch where the inside seams of the legs of the pants meet, they were pinned on the inside of the undergarment. The evidence showed that the claimant, Branham, formerly lived in Savannah, then moved to New York where he lived for several years; that he purchased the automobile in New York and brought it to Savannah about two years ago. He had been a suspect with the police for some time; the police had no knowledge of his working at any time at any legitimate business during the past two years he had been living in Savannah, but had seen him driving the automobile over the streets of the city during the period he claims to have been in Savannah. Claimant was indicted for and convicted of possession of the marijuana cigarettes in this court on November 18, 1952, and sentenced to a term of six months in the public work camp, which sentence he is now serving. Branham claimed to be working part time for a chicken merchant. Claimant stated he had the cigarettes for his own use and not for the purpose of sale and distribution to others. The cigarettes were shown to be marijuana and proscribed...