FLEMING AUTOMOBILE CO. et al. v. STATE.

FLEMING AUTOMOBILE CO. et al. v. STATE.
1920 OK 336
192 P. 434
79 Okla. 287
Case Number: 9902
Decided: 10/19/1920
Supreme Court of Oklahoma

FLEMING AUTOMOBILE CO. et al.
v.
STATE.

¶0 Error from County Court, Johnson County; C. W. Crowell, Judge.

Proceeding by the State against Fleming Automobile Co., G. B. Church, and one Chevrolet car. A judgment of forfeiture was rendered, and defendants bring error. Reversed.

Cornelius Hardy, for plaintiff in error.
S. P. Freeling, Atty. Gen., and W. C. Hall, Asst. Atty. Gen., for defendant in error.

PER CURIAM.

¶1 In this case the Attorney General has filed the following confession of error:

"Under the holding of this court in the cases of One Buick Car v. The State of Oklahoma, 77 Okla. 233, 188 P. 108, Boles v. The State of Oklahoma, 77 Okla. 310, 188 P. 681, and One Hudson Super Six Automobile v. State, 77 Okla. 130, 187 P. 806, the judgment as to the intervener, Fleming Automobile Company, will have to be reversed, as it clearly appears that said company held a valid chattel mortgage upon the automobile forfeited to the state, and was without knowledge and notice that the vehicle was being used for an unlawful purpose."

¶2 The cause is therefore reversed.