Ivan L. Cathcart v. United States

The appellant appeals from a conviction and judgment upon an information alleging that he “did unlawfully and knowingly steal and did aid and abet in stealing from a railroad car * * * moving in interstate commerce and from a passenger thereon” a mink cape in violation of Section 659 of Title 18 U.S.C.

The information, says the appellant, fails to allege a cognizable offense since on its face there was no theft from an interstate “shipment”. Such argument is without merit. The statute expressly provides that “Whoever * * * steals, or unlawfully takes * * * from any railroad car * * * operated…