Frach v. Mass, 9223.
| Decision Date | 22 September 1939 |
| Docket Number | No. 9223.,9223. |
| Parties | FRACH v. MASS, Sheriff. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Stanley J. Mitchell and Harry Frazer, both of Oregon City, Or., for appellant.
Fred A. Miller, Dist. Atty., and P. K. Hammond, Deputy Dist. Atty., both of Oregon City, Or., for Clackamas County, Or., for appellee.
Before GARRECHT, HANEY, and HEALY, Circuit Judges.
Appellant was indicted by an Oregon grand jury for larceny of automobile tires, inner tubes, wheels, an hydraulic jack, and other miscellaneous automobile tools belonging to the United States under Oregon Code, Ann. 1930, § 14-315 which provides that larceny of property having a value in excess of $35 is a felony. Oregon Code, Ann.1930, § 13-301 provides: "Every person * * * is liable to punishment by the laws of this state for a crime committed by him therein, except where such crime is by law cognizable exclusively in the courts of the United States."
Appellant was convicted in the state court and sentenced, and rightly, unless the state court was without jurisdiction. The state court was without jurisdiction, if larceny of property belonging to the United States is "cognizable exclusively in the courts of the United States".
Larceny of property of the United States is made a crime by 18 U.S.C.A. § 82.
18 U.S.C.A. § 547 provides: "Nothing in sections 1 to 553 * * * of this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof".
Jurisdiction is conferred on the United States courts by 28 U.S.C.A. § 371, which provides:
Appellant alleged in his petition that he had made a motion in arrest of judgment and stay of execution in the state court and that the legality of his detention had not been previously adjudged upon application for a writ of habeas corpus. The court below denied the petition and this appeal followed.
The above facts require application of the rule that "the appropriate way to raise questions involving the validity of a commitment under a state law is by application to the state courts, and if denied by appeal to the Supreme Court of the United States". Palmer v. McCauley, 9 Cir., 103 F.2d 300, 301, and cases cited.
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Morissette v. United States 8212 10, 1951
...have held that the object of the section is to introduce the crime of larceny into the Federal Criminal Code. 'In Frach v. Mass, 9 Cir., 1939, 106 F.2d 820, 821, we find these words: 'Larceny of property of the United States is made a crime by 18 U.S.C.A. § 82.' 'This means of course, that ......
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Daniels v. Allen, 6330.
...or judge for a writ of habeas corpus. Urquhart v. Brown, 205 U.S. 179, 27 S.Ct. 459, 51 L.Ed. 760, and cases there cited; Frach v. Mass., 9 Cir., 106 F.2d 820; United States ex el. Jackson v. Brady, 4 Cir., 133 F.2d 476, "3. The writ of habeas corpus may be issued by a federal court or judg......
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Hawk v. Olson
...9 Cir., 106 F.2d 311, certiorari denied 308 U.S. 614, 60 S.Ct. 264, 84 L.Ed. 513; Ex parte Jefferson, 9 Cir., 106 F.2d 471; Frach v. Mass, 9 Cir., 106 F.2d 820; Achtien v. Dowd, 7 Cir., 117 F.2d 989, 995; Davis v. Dowd, 7 Cir., 119 F.2d 338; Sharpe v. Buchanan, 6 Cir., 121 F.2d 448; Kramer ......
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Morissette v. United States
...it to one's use, made punishable by the criminal statute in this case, are all equivalent to common law larceny. In Frach v. Mass, 9 Cir., 106 F.2d 820, 821, the court said that "Larceny of property of the United States is made a crime by 18 U.S.C.A. § 82." That section, consolidated in pre......