Morissette v US Notes - that he thought it was abandoned by...

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Morissette v. United States 342 U.S. 246 (1952) Mr. Justice Jackson Large tract of property in Michigan, set assigned by the government for the airforce to drop simulated bombs on. Bombs are metal cylinders with enough black powder to cause a puff of black smoke. Lots of Keep out signs around. But the place was a good place for deer hunting, and was hunted extensively. Morissette was hunting in the area, and didn’t get a deer. He took a few of those casings that the airforce toss to the side. Morissette then took back 3 tons of them, flattened them, and sold them, making $84 dollars. There was an investigation, and the found him guilty of stealing government property. He agrued
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Unformatted text preview: that he thought it was abandoned by the government, and proved valueless to them. Trial and Appeal court didnt put much weight into it. US supreme court stepped in to review. They said that, even thought the mental intent of the crime is not stated in a statutes, they believe that congress implied it in there. They reference things like treason, and the degrees of acts due to the mental state. Courts reasoned that because the cases were there to look as if it was rusted away and an abandoned junk, it was reasonable to think it was abandoned. With that in mind, the courts reversed the appeals decision....
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.

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