Polonio

Polonio v. United States

Good Law
131 F.2d 679·1942 U.S. App. LEXIS 2919
United States Court of Appeals for the Ninth CircuitNovember 25, 1942No. 9974California1,410 words

Opinion

Lead Opinion

Wilbur, J.

Appellants were charged in Count One of the indictment with and convicted of the offense defined in Title III, sec. 1 of the Act of Congress, 40 Stat. 217 , 221, 18 U.S. C.A. § 502, 1 of tampering with the motive power and instrumentalities of navigation of the Italian motorship Leme while in American waters, by placing foreign instruments and substances in the two Fiat diesel engines which provide the motive power for the vessel and in operating the engines in such manner as to greatly damage or totally destroy such engines and by breaking a Sperry gyroscopic compass used in the navigation of the vessel and by tampering with and destroying the steering engines and motors of the vessel sq as to render them unfit for use, with intent to injure and damage the safety of the vessel. The punishment prescribed by statute for this offense is a fine of not more than $10,000 or imprisonment of not more than 20 years, or both. All the appellants ex *681 cept Giovanni Polonio were acquitted on the charge of conspiracy alleged in Count Two, and as the punishment of Giovanni Polonio on the conspiracy count runs concurrently with that on Count One no point is raised as to the conspiracy charge.…

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