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Ivan L. Cathcart v. United States

Ivan L. CATHCART, Appellant, v. UNITED STATES of America, Appellee

Cathcart v. United States, 244 F.2d 74 (10th Cir. 1957)
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Court
Court of Appeals for the Tenth Circuit · U.S. Courts of Appeals
Decided
June 17, 1957
Docket
No. 5544
Judges
Murrah, Pickett, Lewis
Citations
244 F.2d 74

Opinion — Per Curiam

PER CURIAM.

The appellant appeals from a conviction and judgment upon an information alleging that he “did unlawfully and knowingly steal and did aid and abet in stealing from a railroad car * * * *75 moving in interstate commerce and from a passenger thereon” a mink cape in violation of Section 659 of Title 18 U.S.C.

The information, says the appellant, fails to allege a cognizable offense since on its face there was no theft from an interstate “shipment”. Such argument is without merit. The statute expressly provides that “Whoever * * * steals, or unlawfully takes * * * from any railroad car * * * operated by any common carrier moving in interstate * * * commerce or from any passenger thereon any * * * goods, or chattels, or * * * receives, or has in his possession * * * goods * * * knowing the same to have been * * * stolen” shall be fined not more than $5,000 or imprisoned for more than ten years, or both. (Emphasis added.)

Additionally, appellant takes the position that the information is defective for failing to formally plead a felonious intent. We have said that such formalities are no longer necessary or proper under the new rules of pleading. All that is required or permissible is a “plain, concise and definite written statement of the essential facts constituting the offense.” Rule 7(c), Federal Rules of Criminal Procedure, 18 U.S.C.; see Madsen v. United States, 10 Cir., 1948, 165 F.2d 507, 509 .

And, the information is likewise challenged as duplicitous, in that it alleges (1) “did unlawfully and knowingly steal”; (2) “and did aid and abet in stealing”; (3) “and did unlawfully and knowingly receive and have in * * * possession” the goods in question. We have stated on numerous occasions that an indictment or information is not fatally duplicitous if couched in the language of the statute, even though it charges more than one offense in the conjunctive. McDonough v. United States, 10 Cir., 1955, 227 F.2d 402 ; Troutman v. United States, 10 Cir., 1938, 100 F.2d 628 and cases cited.

The judgment is Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1958: 11959: 21962: 11965: 11969: 21970: 11981: 119582026peak 1959 · 2

Relies on it most ⓘ

  1. George Stine Smith v. United States273 F.2d 462 (10th Cir. 1959)
  2. Bailey v. United States410 F.2d 1209 (10th Cir. 1969)
  3. United States v. Addonizio313 F. Supp. 486 (D.N.J. 1970)
  4. Mack Kitchens, Jr. v. United States272 F.2d 757 (10th Cir. 1959)
  5. Leach Corp. v. Commissioner30 T.C. 563 (Tax Ct. 1958)
  6. Steve Leroy Cordova v. United States303 F.2d 454 (10th Cir. 1962)

Most recent

  1. Lansall Co. v. United States512 F. Supp. 1178 (S.D.N.Y. 1981)
  2. United States v. Addonizio313 F. Supp. 486 (D.N.J. 1970)
  3. James William Bailey v. United States of America, Sidney Rolls, AKA Sidney Ross v410 F.2d 1209 (10th Cir. 1969)
  4. Bailey v. United States410 F.2d 1209 (10th Cir. 1969)
  5. United States v. Ricciardi40 F.R.D. 135 (S.D.N.Y. 1965)
  6. Steve Leroy Cordova v. United States303 F.2d 454 (10th Cir. 1962)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Troutman v. United States, 100 F.2d 628 (10th Cir. 1938) 106
Madsen v. United States, 165 F.2d 507 (10th Cir. 1947) 50
McDonough v. United States, 227 F.2d 402 (10th Cir. 1955) 7

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