Boise Dodge, Inc. v. United States

Boise Dodge, Inc., a Boise, Idaho automobile dealer, appeals from its conviction, on the first two counts of a five-count indictment, of violations of 15 U.S.C. § 1233 (c) (1964), a provision of the Automobile Information Disclosure Act (Act). The only question presented here is whether the evidence was sufficient to support the jury verdict.

Section 1233(c) makes it an offense, with exceptions not here relevant, for any person willfully to remove any label affixed to a new automobile pursuant to 15 U.S.C. § 1232 (1964), prior to the time that the automobile is delivered to the actual custody and possession of the ultimate purchaser. The label required by section 1232 must disclose specified information including the retail price suggested by the manufacturer.

Another provision of the Act defines “person” as including a corporation. See 15 U.S.C. § 1231 (b) (1964). Defendant does not question the established rule that a corporation, through the conduct of its agents and employees, may be convicted of a crime, including a crime involving knowledge and willfulness. See United States v. Carter, 6 Cir., 311 F.2d 934, 941-942 .

In counts 1 and 2, Boise Dodge was charged with having,…