Rosenthal v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the First Division of the Northern District of California; Edward E. Cushman, Judge. Joseph Rosenthal was convicted of having stolen property in his possession with knowledge that it was stolen, etc., and he brings error. The plaintiff in error was, together with Morris Kosenthal and Arthur IT.
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In Error to the District Court of the United States for the First Division of the Northern District of California; Edward E. Cushman, Judge. Joseph Rosenthal was convicted of having stolen property in his possession with knowledge that it was stolen, etc., and he brings error. The plaintiff in error was, together with Morris Kosenthal and Arthur IT. Fitch, indicted in two counts, by the first of which they were in effect charged with having, at a certain time and place within the jurisdiction of the court below, willfully and feloniously bought and received 39 cases of certain described…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). As will be seen from the foregoing statement, the plaintiff in error was by the juiy found not guilty of having bought and received the cigarettes, but guilty of having them in his possession at the same identical time and place, and with the like knowledge in each instance of their having been stolen goods. The act of Congress upon which the indictment was based makes criminal the “buying, receiving or having in possession” stolen property, with knowledge of its stolen character. 37 Stat. p. 670 (Comp. St. §§ 8603, 8604).
It was practically conceded at the…
2Cases cited1 opinion
- Morgan v. DevineSupreme Court of the United States · 1915
3Cited by21 opinions
- State v. ArmijoNew Mexico Supreme Court · 1931
- Morris v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- Carrignan v. United StatesCourt of Appeals for the Seventh Circuit · 1923
- State v. MarchindoMontana Supreme Court · 1922
- Gozner v. United StatesCourt of Appeals for the Sixth Circuit · 1925
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