Lowery v. United States
| Decision Date | 11 January 1921 |
| Docket Number | 2839. |
| Citation | 271 F. 946 |
| Parties | LOWERY et al. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Horace L. Dyer, of St. Louis, Mo., for plaintiffs in error.
A. B Dennis, of Danville, Ill., for the United States.
Before BAKER, EVANS, and PAGE, Circuit Judges.
This is a writ of error prosecuted by the plaintiffs in error to reverse a judgment rendered on a verdict of a jury in the United States District Court for the Eastern District of Illinois on two indictments consolidated for trial. The single count of one indictment and the first count of the other charge plaintiffs in error with stealing a carload of coal out of C., B. & Q. car No. 84964 on July 1, 1917, which coal it was averred constituted an interstate shipment of freight, consigned and in transit from Herrin Junction, Ill to Sioux City, Iowa. The second count charged plaintiffs in error with being in possession of that same coal knowing it to have been stolen, and that it was an interstate shipment.
On June 1, 1917, the Chicago, Burlington & Quincy Railroad Company was taking for company purposes all of the coal from Mine B of Chicago & Carterville Coal Company, Herrin, Ill. On the morning of June 1, 1917, C., B & Q. car No. 84964 was loaded with coal for the company, was put into a train on the Chicago, Burlington & Quincy Railroad, and at 1:30 was taken from Herrin, in the state of Illinois, to Christopher, Ill a town about 12 or 14 miles from Herrin, where it arrived at about 2:30 or 2:15; the car being taken from the train and put upon the siding and left there. The record shows that instructions as to how the coal should be billed were given to the office of the chief clerk at Herrin Junction at 4:15 in the afternoon. Then some time later, between that and 6:30, the bills of lading were made out. The employees had authority to give Christopher all the coal it wanted, and to change the destination on bills of lading. The record shows that a bill of lading was made out, with Sioux City, Iowa, as the destination, but by whom or under what instructions does not appear. Some time or place, neither of which appears, Sioux City was marked out and Christopher inserted as the destination. Who did this does not appear. The bill of lading was sent by mail to Christopher a short time, perhaps a day or two, after it was made out.
The bill of lading was never delivered to the conductor. On the...
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United States v. Parent
...support a conclusion that the jurisdictional element was satisfied. Initially we must reject appellants' reliance on Lowery v. United States, 271 F. 946 (7th Cir. 1921). There the Chicago, Burlington & Quincy Railroad had purchased in Herrin, Illinois, a load of coal. It had shipped the coa......
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United States v. Berger
...(1938); Sharp v. United States, 280 F. 86 (5 Cir. 1922), cert. denied, 260 U.S. 730, 43 S.Ct. 92, 67 L.Ed. 485 (1922); Lowery v. United States, 271 F. 946 (7 Cir. 1921). ...
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U.S. v. Ingrao
...defendant's argument is factually correct, it is without legal significance. Defendant also relies on the cases of Lowery v. United States, 271 F. 946 (7th Cir.1921), and Coe v. Town of Errol, 116 U.S. 517, 6 S.Ct. 475, 29 L.Ed. 715 (1886). Lowery is distinguishable as involving an intrasta......