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Supreme Court — Part 8

109 pages · May 11, 2026 · Document date: Jun 11, 1958 · Broad topic: General · Topic: Supreme Court · 109 pages OCR'd
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Mithnn-s wee, «-_ Seth cates o Jk SUPREME COURT OF THE UNITED STATES. No, 552.—Octoper TERM, 1930. William W. McBoyle, Petitioner, | 11. United States Cir Ss. . v euit Court of Anneale |" Writ of Certiorari to The United States of America. } fan the Tanth Cima” for the Tenth Circuit. (March 9, 1931.] Mr. Justice Houszs delivered the opinion of the Court. The petitioner was convicted of transporting from Ottawa, Ili- nois, to Guymon, Oklahoma, an airplane that he knew to have been” stolen, and was sentenced to serve three years’ imprisonment and to pay a fine of $2,000. The judgment was affirmed by the Circuit Court of Appeals for the Tenth Cirenit. 43 F. (2d) 273. A writ of certiorari was granted by this Court on the question whether the Nationa] Motor Vehicle Theft Act applies to aircraft. Act of October 29, 1919, ¢. 89, 41 Stat. 324; U. 8, Code, T Title 18, § 408. That Act provides: ‘‘See. 2. That when used in this Act: (a) The term ‘motor vehicle’ shall include an automobile, automobile truck, automobile wagon, motor cycle, or any other self-propelled vehicle not designed for running on rails; . . . Sec. &% That whoever shall transport or cause to be transported in interstate or foreign ecommerce a motor vehicle, knowing the same to have been stolen, shall be punished by a fine of not more than $5,000, or by im- prisonmenit of not more than five years, or both.’’ Section 2 defines the motor vehicles of which the transportation in interstate commerce is punished in Section 3. The question is the meaning of the word ‘vehicle’ in the phrase ‘‘any other seif- propelled vehicle not designed for running on rsils.’’ No doubt etymologically it is possible to use the word to signify a conveyance working on land, water or air, and sometimes legislation extends the use in.that direction, e. g., Jand and air, water being separately provided for, in the Tariff Act, September 22, 1922, « 356, § 401 (b), 42 Stat. 858, 948. But in everyday speech ‘vehicle’ |
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