Gable v. United States, 5700.
| Decision Date | 24 July 1936 |
| Docket Number | No. 5700.,5700. |
| Citation | 84 F.2d 929 |
| Parties | GABLE v. UNITED STATES. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Ode L. Rankin and Dante J. Taddeucci, both of Chicago, Ill., for appellant.
Michael L. Igoe, U. S. Atty., and Martin Ward and John J. Moreschi, Asst. U. S. Attys., all of Chicago, Ill.
Before SPARKS, Circuit Judge, and LINDLEY and BRIGGLE, District Judges.
This is an appeal from a conviction upon nine counts of an indictment charging receiving, concealing, and disposing of stolen government bonds, and one count charging conspiracy to transport in interstate commerce such bonds and to receive the same knowing the same to have been stolen. Defendants other than appellant were convicted, but perfected no appeal.
The first six counts of the indictment charge violation of U.S.C.A., title 18, § 415, as follows: "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 or purloin, knowing the same to have been so stolen or taken, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than ten years, or both."
Counts 7 to 15, inclusive, are based upon section 416, as follows: "Whoever shall receive, conceal, store, barter, sell, or dispose of any goods, wares, or merchandise, securities, or money, of the value of $5,000 or more, or whoever shall pledge or accept as security for a loan any goods, wares, or merchandise, or securities of the value of $500 or more which, while moving in or constituting a part of interstate or foreign commerce, has been stolen or taken feloniously by fraud or with intent to steal or purloin, knowing the same to have been stolen or taken, shall be punished by a fine of not more than $10,000 or by imprisonment of not more than ten years, or both."
Count 16 charges that appellant and others conspired to commit each of the offenses named in each of the other counts.
The evidence showed that seven government bonds were procured by fraud or stolen by persons other than appellant, in Wyaconda, Mo., on October 30, 1934; that they were thereafter transported by the same parties to Chicago; that upon arrival in Chicago they were taken to appellant for sale, the owners' express authorization to make sale having been obtained by fraud and duress. Appellant attempted to sell the bonds,...
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...Bufalino v. Irvine, 103 F.2d 830 (10th Cir. 1939) (affirming order denying petition for writ of habeas corpus); Gable v. United States, 84 F.2d 929 (7th Cir. 1936) (reversing conviction of nine counts related to stolen government bonds); Cal. Prune & Apricot Growers' Ass'n v. Catz Am. Co., ......
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United States v. Crimmins
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...District of Pennsylvania." (Emphasis supplied.) Considerable reliance has been placed by the defendant on the case of Gable v. United States, 7 Cir., 84 F.2d 929, to support his position that the indictment cannot be sustained as a matter of law under the In that case the defendant was indi......
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United States v. Tannuzzo, 150
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