White v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Criminal prosecution by the United. States against Patrick White and William Smith. Judgment of conviction, and defendants bring error. The indictment was in two counts under the Act of February 13, 1913 (37 Stat. 670 [Comp.
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In Error to the District Court of the United States for the Southern District of New York. Criminal prosecution by the United. States against Patrick White and William Smith. Judgment of conviction, and defendants bring error. The indictment was in two counts under the Act of February 13, 1913 (37 Stat. 670 [Comp. St. § 8603]), declaring that whoever shall “steal or unlawfully take, carry away, or conceal * * * from any railroad car, station house " * Dor] depot * - with intent to convert to his own nse any goods or chattels * * * which are a part of or which constitute, an interstate or…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). No bill of exceptions having been settled, we have nothing before us but the judgment roll, and the only point urged for reversal is that no count in the indictment states an offense against the United States. The substance of argument is that the act under which this indictment was found “extends the crime of larceny to interstate shipments”; wherefore it is urged that no indictment can be good that does not respond to the common-law tests for a good count in larceny.
One of such tests is said to be that the name of the owner of the stolen goods must be…
2Cases cited3 opinions
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- Bloch v. United StatesCourt of Appeals for the Fifth Circuit · 1919
- Thompson v. United StatesCourt of Appeals for the Second Circuit · 1919
3Cited by9 opinions
- United States v. Frank Marrale and Alphonse MarraleCourt of Appeals for the Second Circuit · 1982
- United States v. De NormandCourt of Appeals for the Second Circuit · 1945
- United States v. Ronnie Bryser, Gerald Degerolamo, Vincent DegerolamoCourt of Appeals for the Second Circuit · 1992
- United States v. Felix PadillaCourt of Appeals for the Second Circuit · 1967
- Bonnier v. Chicago Burlington & Quincy RailroadAppellate Court of Illinois · 1953
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