Assignment 7 Mcboyle Brief
Fabiola Rocha-Negrete
20050980
McBoyle v. United States
Procedural History: Prior Proceeding: The United States charged William W. McBoyle (defendant) for stealing a Waco airplane with motor No. 6124, serial No. 256. he transported an airplane that he knew was stolen cross state lines. In the federal trial court, the defendant filed a motion in arrest of judgment and for a new trial. he was convicted under the National Vehicle Motor theft act. The US court of appeals affirmed the motion judgment and convicted the defendant of transporting an airplane he knew was stolen and was sentenced to serve three years’ imprisonment and to pay a fine of $2,000.
Current Proceeding: The defendant appealed to the Supreme Court. Current Disposition: judgment was reversed.
Facts: William W. McBoyle (defendant) operated a commercial airport at Galena, Ill. McBoyle hired A.J. Lacey as an aviator for a period of six months. In that time, McBoyle induced Lacey to go to the Aircraft corporation at Ottawa, IL and steal such Waco Airplane. The defendant was convicted of transporting an airplane from Illinois to Oklahoma, knowing it was stolen. The defendant was sentenced to three years imprisonment and ordered to pay $2,000 fine in violation to the National Motor Vehicle Theft Act. The defendant appealed and his judgment of conviction was affirmed. The US Supreme Court granted certiorary to determine whether an airplane is a ‘vehicle’ under the Act. unnecessary to transfer these facts to this brief since it was from a previous holding.
Issues: Whether if a United States aircraft is considered under the National Motor Vehicle Theft Act despite of the meaning of ‘vehicle’ when the crime of stealing has been committed? Is an aircraft in the National Motor Vehicle Theft Act?
Holding: No.
Rationale: The National Motor Vehicle Theft Act provides “Sec. 2 that when used in this act: (a) the term ‘motor vehicle’ shall include an automobile, automobile truck, automobile wagon, motorcycle,
20050980
McBoyle v. United States
Procedural History: Prior Proceeding: The United States charged William W. McBoyle (defendant) for stealing a Waco airplane with motor No. 6124, serial No. 256. he transported an airplane that he knew was stolen cross state lines. In the federal trial court, the defendant filed a motion in arrest of judgment and for a new trial. he was convicted under the National Vehicle Motor theft act. The US court of appeals affirmed the motion judgment and convicted the defendant of transporting an airplane he knew was stolen and was sentenced to serve three years’ imprisonment and to pay a fine of $2,000.
Current Proceeding: The defendant appealed to the Supreme Court. Current Disposition: judgment was reversed.
Facts: William W. McBoyle (defendant) operated a commercial airport at Galena, Ill. McBoyle hired A.J. Lacey as an aviator for a period of six months. In that time, McBoyle induced Lacey to go to the Aircraft corporation at Ottawa, IL and steal such Waco Airplane. The defendant was convicted of transporting an airplane from Illinois to Oklahoma, knowing it was stolen. The defendant was sentenced to three years imprisonment and ordered to pay $2,000 fine in violation to the National Motor Vehicle Theft Act. The defendant appealed and his judgment of conviction was affirmed. The US Supreme Court granted certiorary to determine whether an airplane is a ‘vehicle’ under the Act. unnecessary to transfer these facts to this brief since it was from a previous holding.
Issues: Whether if a United States aircraft is considered under the National Motor Vehicle Theft Act despite of the meaning of ‘vehicle’ when the crime of stealing has been committed? Is an aircraft in the National Motor Vehicle Theft Act?
Holding: No.
Rationale: The National Motor Vehicle Theft Act provides “Sec. 2 that when used in this act: (a) the term ‘motor vehicle’ shall include an automobile, automobile truck, automobile wagon, motorcycle,