United States v. O'Connell

SWAN, Circuit Judge.

Upon trial to a jury the four appellants were convicted under an indictment which charged them with conspiring to violate section 409 of Title 18 U.S.C.A. The statute in effect during the alleged conspiracy provided, in so far as relevant, that “whoever shall steal or shall unlawfully take by any fraudulent device, scheme, or game, from any * * * dining car * * * when such car is a part of a train moving from one State * * * to another State * * * any money * * * ” shall be fined or imprisoned or both.1 The appellants were members of the crew of a dining car operated in…