Thompson v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. ■ Edward E. Thompson and Albert E. Ingracia were convicted of stealing property of the United States, and bring error. The plaintiffs in error, who were defendants below, will be hereinafter referred to as defendants. The defendants were indicted for a violation of section 47 of the Criminal Code (Act March 4, 1909, c. 321, 35 Stat. 1097 [Comp.
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In Error to the District Court of the United States for the Eastern District of New York. ■ Edward E. Thompson and Albert E. Ingracia were convicted of stealing property of the United States, and bring error. The plaintiffs in error, who were defendants below, will be hereinafter referred to as defendants. The defendants were indicted for a violation of section 47 of the Criminal Code (Act March 4, 1909, c. 321, 35 Stat. 1097 [Comp. St. § 10214]), which is found in the margin.1 The indictment charged that defendants did on the 15th day of December, 1917, unlawfully take and carry away, with…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This case has been brought into this court upon the theory that the United States did not prove that the title to the property taken was in the United States as alleged in the indictment. What the act of Congress punishes is the stealing of the property of the United States, so that, unless the property at the time it was taken was in the United States, the conviction cannot be sustained, even though the property was feloniously taken.
The Criminal Code punishes “whoever shall * * * steal * * * property of the United States.” Stealing and larceny, it is…
2Cases cited26 opinions
- Perkins v. Sunset Tel. and Tel. Co.California Supreme Court · 1909
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Hunnicutt v. HigginbothamSupreme Court of Alabama · 1903
- State v. FairWashington Supreme Court · 1904
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3Cited by8 opinions
- United States v. Cecil Dwayne Evans, Arnold Gene Tate, and Charles Edward Gent, Jr.Court of Appeals for the Fifth Circuit · 1978
- Donegan v. United StatesCourt of Appeals for the Second Circuit · 1922
- United States v. Kathy KlinglerCourt of Appeals for the Sixth Circuit · 1995
- Laird v. Employers Liability Assurance Corp.Superior Court of Delaware · 1941
- White v. United StatesCourt of Appeals for the Second Circuit · 1921
3 more not listed; retrieve them via the Exa API.