Frank Souza v. United States

Appellant appeals from a judgment of conviction upon three counts of a four-count information charging violation of Title 18 U.S.C.A. § 641 .

Count I of the Amended Information charged:

Counts III and IV charged offenses which were identical to Count II except in respect to date and quantity of copper nickel involved. The date alleged in Count III is July 27, 1960, and the quantity of copper nickel alleged is 3,096 pounds. In Count IV, the date alleged is August 4, 1960, and the quantity of copper nickel alleged is 840 pounds.

The jury acquitted appellant of the offense alleged in Count I, and convicted him of the offenses charged in Counts II, III and IV.

The specifications of error relied upon by appellant are:

The above specifications of error will be considered seriatim.

In considering appellant’s contention that each of said counts fails to state an offense under § 641, it is to be noted that the charge in each count is laid in the language of the statute and that such language does not provide that the acts denounced in the statute must be accompanied by criminal intent on the part of the perpetrator.

Appellant earnestly urges that the judgment of conviction must be…