Legal Opinion
United States v. Robert Mark Howey
Court of Appeals for the Ninth Circuit
Decided June 5, 1970No. 25116_1PublishedCited by 42 opinions
1Opinion of the Court
HUFSTEDLER, Circuit Judge:
Howey appeals from his conviction on two counts of an indictment charging him with the theft of submarine parts owned by the Government (18 U.S.C. § 641).
The central issue on appeal is this: Was Howey’s knowledge that the property in question belonged to the Government an essential element of the theft offense stated in 18 U.S.C. § 641? If it was, Howey’s conviction must be reversed because the jury was not instructed upon that element. We hold that such knowledge was not an element of the offense, and we affirm the conviction.
Howey relies primarily on a holding of…
2Cases cited8 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- United States v. Edwin Affron KartmanCourt of Appeals for the Ninth Circuit · 1969
- Fred John Corey and Mary Carolyn Fulghum v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- William Joseph Findley v. United StatesCourt of Appeals for the Tenth Circuit · 1966
- United States v. Robert Conrad BolinCourt of Appeals for the Ninth Circuit · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- United States v. RoselliCourt of Appeals for the Ninth Circuit · 1970
- United States v. JefferyCourt of Appeals for the Fourth Circuit · 2011
- United States v. Robert Craig, Frank P. North, Jr., Peter v. Pappas and Jack E. WalkerCourt of Appeals for the Seventh Circuit · 1978
- United States v. Frank M. Long, Steak N' Lobster, Inc., Reagan Joe BakerCourt of Appeals for the Ninth Circuit · 1983
- 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
37 more not listed; retrieve them via the Exa API.