Sending and Receipt of Stolen Property in Interstate and Foreign Commerce: Hearing Before the Committee on the Judiciary, House of Representatives, Seventieth Congress, First Session on H.R. 10287, April 3 and 4, 1928 |
Common terms and phrases
ALLEN amendment American Bar Association American Railway Association Association attorney BAKER bill BOWLING burden of proof California Chairman circumstances CLUNE committed committee CONG CONGRE LIBRARY CONGRES THE LIBRARY CONGRESS LIBRARY CONGRESS THE LIBRARY convict course dispose DYER facie Federal courts fence gentlemen HAHN HERSEY indictment innocent interstate commerce Jonathan Wild judge jurisdiction jury Kansas knew LAGUARDIA larceny legislation LIBRARY OF CONGRES LIBRARY OF CONGRESS matter MATTUCK MEADE merchandise MICHENER MILLER mind MONTAGUE National Crime Commission negotiable instrument notwithstanding good reason NOYES offense omit diligent inquiry prima facie principle property or thing prove put on inquiry question reason to believe reasonable doubt reasonable inquiry receiver of stolen receiving stolen require shifts silk statute steal or purloin STOBBS stolen or taken stolen property suggested SUMNERS taken feloniously thief thing of value tion to-day transportation WELLER witnesses word knowingly York City
Popular passages
Page 55 - Mr. Meade. Mr. ALLEN. Mr. Justin Miller, the dean of the law school of the University of Southern California, has come here to appear before the committee at the request of the National Crime Commission, because by virtue of his work he has had occasion to study this problem, and also because he is the chairman of the section on criminal law of the American Bar Association, of which I was previously an officer ; and in that connection he has included that in his study of the criminal law in those...
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 - 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 intention 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 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 - 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...
Page 2 - I think the association may be congratulated upon the fact that the publishers of the more or less national newspapers, who would be required to print quite a number of copies, are willing to...
Page 77 - ... deemed essential to conviction, we are of the opinion that the jury may well have been led to believe that the vital inquiry, as the court phrased it, was not defendant's knowledge but the result which a reasonable inquiry, pursued within the resources of defendant's mental ability, would have produced to him as to the genuineness of the stamps. In so charging the trial judge, in our judgment, went to far. The failure to pursue such an inquiry may well be weighed by the jury in determining whether...