Legal Opinion

Clarence Yvon Berard v. United States

Court of Appeals for the Ninth Circuit

Decided November 5, 1962No. 17932_1PublishedCited by 11 opinions

1Opinion of the Court

MERRILL, Circuit Judge.

Appellants stands convicted of violation of the Dyer Act. 18 U.S.C. § 2312. 1 Upon this appeal from conviction, the only question is whether the district court erred in refusing to instruct the jury that before they could find the automobile in question to have been stolen by appellant, they must find that he intended permanently to deprive the owner of his rights and benefits with respect to the car. 2

Appellant contends that this is a requisite of common law larceny; that the courts, in departing from the common law definition in Dyer Act cases, have done so only in…

2Cases cited7 opinions

  1. United States v. TurleySupreme Court of the United States · 1957
  2. Leif Tandberg-Hanssen v. United StatesCourt of Appeals for the Tenth Circuit · 1960
  3. Henry Floyd Brown v. United StatesCourt of Appeals for the Eighth Circuit · 1960
  4. United States v. GoldenDistrict Court, S.D. New York · 1958
  5. Henry Floyd Brown v. United StatesCourt of Appeals for the Eighth Circuit · 1960

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. United States v. Martin James MaloneyCourt of Appeals for the Ninth Circuit · 1979
  2. George C. Schwab v. United StatesCourt of Appeals for the Eighth Circuit · 1964
  3. United States v. Walter M. DillingerCourt of Appeals for the Fourth Circuit · 1965
  4. United States v. Dahl William WelbornCourt of Appeals for the Fourth Circuit · 1963
  5. United States v. Albert Butler ChathamCourt of Appeals for the Fifth Circuit · 1978

6 more not listed; retrieve them via the Exa API.

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