Sending and Receipt of Stolen Property in Interstate and Foreign Commerce: Hearing ... on H.R. 10287 ... Apr. 3-4, 1928

Front Cover
 

Selected pages

Common terms and phrases

Popular passages

Page 2 - That nothing in this section shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof; and a judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts.
Page 59 - But there are many instances in recent times where the Legislature in the exercise of the police power has prohibited under penalty the performance of a specific act. The doing of the inhibited act constitutes the crime and the moral turpitude or purity of the motive by which it was prompted and knowledge or ignorance of its criminal character are immaterial circumstances on the question of guilt. The only fact to be determined in these cases is whether the defendant did the act.
Page 43 - When any offense against the United States is begun in one Judicial District and completed in another, it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein.
Page 61 - Whoever, having a husband or wife, marries another, whether married or single, or simultaneously, or on the same day, marries more than one woman, is guilty of polygamy, and shall be imprisoned in the penitentiary not more than seven years nor less than one year.
Page 59 - Whether or not in a given case a statute is to be construed is to be determined by the court by considering the subject matter of the prohibition as well as the language of the statute and thus ascertaining the intention of the legislature...
Page 59 - This rule has been generally, although not quite universally, applied in the enforcement of statutes passed in aid of the police power of the state, where the word 'knowingly' or other apt words are not employed to indicate that knowledge is an essential element of the crime charged.
Page 59 - As a general rule, where an act Is prohibited and made punishable by statute only, the statute Is to be construed in the light of the common law and the existence of a criminal Intent Is to be regarded as essential even when not in terms required.
Page 1 - Whoever shall transport or cause to be transported in interstate or foreign commerce any goods, wares, or merchandise, securities, or money, of the value of $5,000 or more theretofore stolen or taken feloniously by fraud or with intent to steal...
Page 59 - The legislature however, may forbid the doing of an act and make its commission criminal without regard to the intent or knowledge of the doer, and if such legislative intent appears, the courts must give it effect, although the intent of the doer may have been innocent. This rule has been generally, although not quite universally, applied in the enforcement of statutes passed in aid of the police power of the state, where the word 'knowingly...
Page 59 - But the rule applies only to unlawful acts which are voluntarily and in that sense Intentionally done. Mr. HERSEY. It was not an unlawful act to buy the goods? Mr. MILLER. But under the circumstances provided by this section it would be unlawful to buy the goods, with a preceding set of •circumstances which give that purchase an unlawful character. Mr. MILLER. Let me give you a case of the kind which is referred to in the Corpus Juris. This illustrates the proposition further. This is a Nebraska...

Bibliographic information