(Download) "State Missouri Ex Rel. v. Tracy Ann" by Western District Missouri Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri Ex Rel. v. Tracy Ann
- Author : Western District Missouri Court of Appeals
- Release Date : January 28, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Tracy Ann Kixmiller appeals from a judgment declaring her 1974 Datsun automobile forfeited to the state. The forfeiture was sought on the ground that § 195.145.1, RSMo 1978 sanctions the penalty where any vehicle, vessel or aircraft is used in connection with the transportation, sale or use of controlled substances proscribed by § 195.025, RSMo 1978. The issue in this case is whether the seizure was accomplished within the parameters of the statute. The initial difficulty with the case is the absence in the record here, and apparently in the court below, of an adequate presentation of facts. While the parties raise no point in this regard, note must be made of the limitations attributable to the sparse record. Because the state as the petitioning party in the case had the initial burden of proof, the state must likewise suffer the consequences of allegations unproven.