United States v. Stone
United States Circuit Court
Motion for New Trial. The defendant was indicted for depredations upon property belonging to the steam-boat City of Vicksburgb, plying between St. Louis and New Orleans, which was wrecked at Asbport, Tennessee, in July 1880; this ease being one of a great number for the same offence now pending in this court.
Read the full summary
Motion for New Trial. The defendant was indicted for depredations upon property belonging to the steam-boat City of Vicksburgb, plying between St. Louis and New Orleans, which was wrecked at Asbport, Tennessee, in July 1880; this ease being one of a great number for the same offence now pending in this court. The statute under which the indictments were found reads as follows, viz.: Revised Statutes of the United States, § 5358: “ Every person who plunders, steals, or destroys any money, goods, merchandise, or other effects from or belonging to any vessel in distress, or wrecked, lost,…
1Opinion of the Court
Hammond, D. ,T.
The court is satisfied that the construction put upon the Revised Statutes (section 5358) is the correct one. I cannot consent to emasculate this statute by whittling it down by construction to the paltry proportions of larceny of lost goods on land, as understood at common law; and certainly not to the once still narrower doctrine of our state that there can be no larceny of lost property, which has everywhere been repudiated as unsound, and is now changed by statute. T. & S. (Tenn.) Code, 4685; 2 King Dig. (2d Ed.) tit. “Larceny,” §§ 1986,1992; 2 Ben. & Heard, Lead. Crim.…
2Cases cited36 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
- United States v. CoombsSupreme Court of the United States · 1838
- Miller v. GableNew York Supreme Court · 1845
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
31 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States v. TurleySupreme Court of the United States · 1957
- Pugach v. KleinDistrict Court, S.D. New York · 1961
- Fed. Sec. L. Rep. P 94,948 United States of America v. Alan C. SolomonCourt of Appeals for the Second Circuit · 1975
- Hite v. United StatesCourt of Appeals for the Tenth Circuit · 1948
- R. B. Boone v. United StatesCourt of Appeals for the Fourth Circuit · 1956
15 more not listed; retrieve them via the Exa API.