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SMITH v. UNITED STATES

No. 14904.

233 F.2d 744 (1956)

Willie Ray SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 22, 1956.

Attorney(s) appearing for the Case

Richard M. Grossberg, Sacramento, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., San Francisco, Cal., Robert E. Woodward, Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before DENMAN, Chief Judge, and ORR and LEMMON, Circuit Judges.

DENMAN, Chief Judge.

Smith appeals from his conviction of violating 18 U.S.C. § 2312 which prohibits transporting a motor vehicle in interstate commerce knowing it to have been stolen.1 He argues that the term "stolen" means no more than common law larceny,2 and that the evidence is not sufficient to support a verdict of guilty based on such a construction of Section 2312.

One Riggs purchased a...

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