United States v. John Joseph Powers

John Joseph Powers appeals from his conviction for transporting an altered security in interstate commerce in violation of the third paragraph of 18 U.S.C. § 2314 .

Under the statute, it must be proved that the defendant transported the security in interstate or foreign commerce “with unlawful or fraudulent intent.” Powers argues that this required the United States to prove that he knew or should have known that the money order he cashed would go into interstate commerce and that he fraudulently placed the security into interstate commerce to escape state prosecution. Powers correctly notes that the Government did not prove the existence of either of these circumstances.

There is no requirement under 18 U.S.C. § 2314 that the accused know, foresee, or intend that instrumentalities of interstate commerce will be used. United States v. Sheridan, 329 U.S. 379 , 67 S.Ct. 332 , 91 L.Ed. 359 (1946), relied upon by defendant, is not to the contrary. In fact, note 11, on page 385, 67 S.Ct. 332 of that opinion supports the view expressed above.

Powers also attacks the instruction given to the jury on the defense of insanity.

The trial court, bound by the then existing law of the Ninth…