Hickman v. United States

HUTCHESON, Circuit Judge.

Indicted under Sec. 408, Title 18 U.S.C. A.,1 for transporting a motor vehicle, knowing it to have been stolen, defendant moved to dismiss, putting forward two grounds.2 This motion denied and the cause tried to a jury, defendant was convicted and has appealed on the sole ground that the indictment was defective because of the absence from it of the word “unlawfully”.

Conceding that the decided cases 3 on the point are against him, appellant, taking what he calls higher ground than mere case law, undertakes to argue the question “on principle”.

The United States,…