Legal Opinion
United States v. Jesse R. Smith
Court of Appeals for the Seventh Circuit
Decided November 30, 1973No. 73-1182PublishedCited by 18 opinions
1Opinion of the Court
SPRECHER, Circuit Judge.
This appeal calls upon us to align this circuit on the question of the nature of the scienter element under 18 U.S.C. § 641, stealing or converting government property. Some circuits hold it to be sufficient for the government to show that it owned the property and that the defendant merely knew that he was stealing or converting someone’s property, while other circuits require the government to prove that the defendant knew that the stolen or converted property was owned by the government.
The facts in this case make it an ideal vehicle for deciding the issue. The…
2Cases cited14 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- United States v. RussellSupreme Court of the United States · 1973
- Sorrells v. United StatesSupreme Court of the United States · 1932
- Sherman v. United StatesSupreme Court of the United States · 1958
- United States v. Robert Wyman BoydCourt of Appeals for the Fifth Circuit · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States of America, in No. 81-1020 v. Jannotti, Harry P. United States of America, in No. 81-1021 v. Schwartz, George XCourt of Appeals for the Third Circuit · 1982
- United States v. JefferyCourt of Appeals for the Fourth Circuit · 2011
- United States v. Frank BakerCourt of Appeals for the D.C. Circuit · 1982
- United States v. Derrick Thomas and Jason A. ScottCourt of Appeals for the Seventh Circuit · 1998
- United States v. Henry Sivils (90-6366) Jerry Stokes (90-6375) William Dillard (90-6376) and Sherrill Jordan (90-6420)Court of Appeals for the Sixth Circuit · 1992
13 more not listed; retrieve them via the Exa API.