UNITED STATES v. SMITH

No. 73-1182.

489 F.2d 1330 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Jesse R. SMITH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 30, 1973.


Attorney(s) appearing for the Case

Arthur J. O'Donnell, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., William T. Huyck, Asst. U. S. Atty., Scott Baskin, Justice Dept. legal intern, Chicago, Ill., for plaintiff-appellee.

Before KILEY, PELL and SPRECHER, Circuit Judges.


SPRECHER, Circuit Judge.

This appeal calls upon us to align this circuit on the question of the nature of the scienter element under 18 U.S.C. § 641, stealing or converting government property. Some circuits hold it to be sufficient for the government to show that it owned the property and that the defendant merely knew that he was stealing or converting someone's property, while other circuits require the government to prove that the defendant knew that the...

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