Frach

Appellant was indicted by an Oregon grand jury for larceny of automobile tires, inner tubes, wheels, an hydraulic jack, and other miscellaneous automobile tools belonging to the United States under Oregon Code, Ann. 1930, § 14-315 which provides that larceny of property having a value in excess of $35 is a felony. Oregon Code, Ann.1930, § 13-301 provides: “Every person * * * is liable to punishment by the laws of this state for a crime committed by him therein, except where such crime is by law cognizable exclusively in the courts of the United States.”

Appellant was convicted in the state court and sentenced, and rightly, unless the state court was without jurisdiction. The state court was without jurisdiction, if larceny of property belonging to the United States is “cognizable exclusively in the courts of the United States”.

Larceny of property of the United States is made a crime by 18 U.S.C.A. § 82 .

18 U.S.C.A. § 547 provides: “Nothing in sections 1 to 553 * * * of this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof”.

Jurisdiction is conferred on the United States courts by 28 U.S.C.A. § 371 , which…