Legal Opinion · Dissent

United States v. Kemble

Court of Appeals for the Third Circuit

Decided September 4, 1952No. 10423_1Published

1DissentStaley, Circuit Judge

I concur in Judge McLAUGHLIN’S interpretation of the Hobbs Act. But I do not agree that defendants are entitled to a judgment of acquittal. On the basis of the record before us, I would reverse the judgments of conviction and grant both defendants a new trial.

The statute itself, viewed in the context of the criminal law generally, is clear. By resort to the apparent intent of Congress, the majority has injected into the Act a meaning which its language does not reasonably import. In so doing, they have cast aside the salutary rule that criminal statutes are to be strictly construed. See…

2Cases cited9 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. United States v. ResnickSupreme Court of the United States · 1936
  3. Montsdoca v. StateSupreme Court of Florida · 1922
  4. People v. KoerberNew York Court of Appeals · 1926
  5. United States v. KembleCourt of Appeals for the Third Circuit · 1952

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