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UNITED STATES v. McKLEMURRY

No. 71-1155.

461 F.2d 651 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Leavern McKLEMURRY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 7, 1972.

Attorney(s) appearing for the Case

John C. Ciolino, New Orleans, La. (court appointed), for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cozalas, Asst. U. S. Atty., Robert L. Livingston, Jr., New Orleans, La., for plaintiff-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

Ralph Leavern McKlemurry was convicted by a jury on all counts of a seven count Dyer Act indictment, each count representing a different stolen automobile. We affirm.

I.

McKlemurry argues that the vehicle described in Count 1 of the indictment was not a "motor vehicle" within the definition of 18 U.S.C. § 2311 because it had no motor at the time it was recovered by police. This hypertechnical, though novel, interpretation of §...

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