United States v. Ralph Leavern McKlemurry

Ralph Leavern McKlemurry was convicted by a jury on all counts of a seven count Dyer Act indictment, each count representing a different stolen automobile. We affirm.

I

McKlemurry argues that the vehicle described in Count 1 of the indictment was not a “motor vehicle” within the definition of 18 U.S.C. § 2311 because it had no motor at the time it was recovered by police. This hypertechnical, though novel, interpretation of § 2311 runs afoul of the clear intent of Congress in passing the Dyer Act. The Supreme Court in United States v. Turley, 352 U.S. 407, 77 S.Ct. 397, 1 L.Ed.2d 430 (1957),…