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BOONE v. UNITED STATES

No. 7228.

235 F.2d 939 (1956)

R. B. BOONE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 17, 1956.

Attorney(s) appearing for the Case

William J. Waggoner and Louis A. Bledsoe, Jr., Charlotte, N. C. (Weinstein and Muilenburg, Charlotte, N. C., on the brief), for appellant.

William I. Ward, Jr., Asst. U. S. Atty., Statesville, N. C. (J. M. Baley, Jr., U. S. Atty., Marshall, N. C., on the brief), for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and BRYAN, District Judge.

BRYAN, District Judge.

With the District Judge we hold that in the intendment of section 2312, title 18, United States Code — outlawing the interstate transportation of stolen motor vehicles and aircraft — an automobile is "stolen" if it was obtained by false pretenses, notwithstanding that the circumstances of the procurement would not constitute larceny at common law. In our opinion the statute is not circumscribed by the requisites of larceny.

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