in waters within the jurisdiction of a State. Larceny committed on an Indian Reservation by a white man of the goods of another white man is punishable in the Federal Courts. The Federal Courts have jurisdiction to punish a white man for larceny committed by him on an Indian Reservation.5 Fish in a pound so constructed that they very rarely were able to escape are so reduced to possession that the taking of them by strangers is larceny. Where a court upon a conviction under this section orders the incarceration of a defendant for one year or less in a state penitentiary it exceeds its powers and acts without jurisdiction. The defendant will be released on habeas corpus. The court has no right to instruct the jury that they may infer knowledge that the property was stolen.8

949. Criminal Code. Sec. 288. Receiving, etc., Stolen Goods.

Whoever shall buy, receive, or conceal, any money, goods, bank notes, or other thing which may be the subject of larceny, which has been feloniously taken, stolen, or embezzled, from any other person, knowing the same to have been so taken, stolen, or embezzled, shall be fined not more than one thousand dollars and imprisoned not more than three years; and such person may be tried either before or after conviction of the principal offender.1

An indictment under this section need not state that the defendant received the property without the consent of the owner, as the act characterized proceeds from a criminal intent and evil purpose and thus excludes all color of right or title.2 The word knowing" as used here does not mean actual knowledge of the theft. Facts which create a mere suspicion are not sufficient

United States v. Rogers, 46 Fed. 1.

4 Cochran v. United States, 147 Fed. 206, 77 C. C. A. 432 (8th Cir.); Brown v. United States, 146 Fed. 975, 77 C. C. A. 173 (8th Cir.).

5 United States v. Bridleman, 7 Fed. 894.

Miller v. United States, 242 Fed. 907, 155 C. C. A. 495 (3d Cir.);

Peterson v. United States, 213 Fed. 920, 130 C. C. A. 398 (9th Cir.).

'Re Bonner, 151 U. S. 242, 38 L. ed. 149, 14 S. C. 323.

8 Peterson v. United States, supra. § 949. Formerly R. S. Sec. 5357, 35 Stat. L. 1145.

2 Bise v. United States, 144 Fed. 374, 74 C. C. A. 1 (8th Cir.).

when the defendant acts in good faith and pays full value.3 In one case the Supreme Court of the United States held that a judgment of conviction against the thief is not evidence against one charged with receiving stolen property under this section because a defendant has the constitutional right to be confronted with the witnesses against him.

§ 950. Criminal Code. Sec. 289. Laws of States Adopted for Punishing Wrongful Acts, etc.

Whoever, within the territory limits of any State, organized Territory, or District, but within or upon any of the places now existing or hereafter reserved or acquired, described in section two hundred and seventy-two of this Act, shall do or omit the doing of any act or thing which is not made penal by any law of Congress, but which if committed or omitted within the jurisdiction of the State, Territory, or District in which such place is situated, by the laws thereof now in force would be penal, shall be deemed guilty of a like offense and be subject to a like punishment; and every such State, Territorial, or District law shall, for the purposes of this section, continue in force, notwithstanding any subsequent repeal or amendment thereof by any such State, Territory, or District.1

The effect of this section is limited to the laws of the several States in force at the time of its enactment.2 It has been held that this section does not delegate to the States authority to change the criminal laws applicable to places over which the United States has jurisdiction, and the objection that it is for that reason unconstitutional is untenable. To an indictment drawn under this section the Federal Statutes of limitations may be pleaded as a defense. A forgery committed in a government building

3 Peterson v. United States, 213 Fed. 920, 130 C. C. A. 398 (9th Cir.). 4 Kirby v. United States, 174 U. S. 47, 43 L. ed. 890, 19 S. C. 574.

1

§ 950. Formerly R. S. Sec. 5391, 35 Stat. L. 1145.

2 Franklin v. United States, 216 U. S. 559, 54 L. ed. 615, 30 S. C. 434,

citing United States v. Paul, 6 Pet. (U.S.) 141, 143, 8 L. ed. 348; United States v. Press Publishing Company, 219 U. S. 1, 55 L. ed. 65, 31 S. C. 212; United States v. Barnaby, 51 Fed. 20.

3 Franklin v. United States, 216 U. S. 559, 54 L. ed. 615, 30 S. C. 434.

6

on land ceded by the State to the United States was held to be controlled by the laws of the State. A newspaper published and circulated in New York City contained an article which was libelous criminally. This paper was distributed on a military reservation and was also deposited in the office of the Postmaster in the Federal Building in New York. Held, that the New York State Courts had sufficient authority to punish for the crime as the primary publication was in New York City and not on a reservation, and that, therefore, it was unnecessary to invoke the jurisdiction of the United States Courts under this section. Apparently, this should be done only when the State Court cannot punish for the commission of the crime. This section does not apply to the District of Columbia. Where the land is ceded to the United States and there is no declaration or intention to cede exclusive jurisdiction over such land to the United States, the State retains jurisdiction and may punish for crimes committed thereon. Notwithstanding the fact that the National Government took over Jackson Park with the consent of the people for the purpose of holding the World's Exposition, the State laws remained in full force and effect as the entry was temporary. The United States courts have no jurisdiction to punish an Indian, residing on an Indian Reservation, for the crime of assault with intent to commit rape, notwithstanding this section. Murder committed on board a United States battleship moored at a dock on land ceded to the Federal Government is punishable in the Federal Courts.10 Land ceded by the State of Kentucky for the purpose of providing and maintaining locks and dams on the Green River is within the exclusive jurisdiction of the United States." The Virginia State Courts do not have jurisdiction over the Norfolk Navy Yard. It would seem, there

8

4 United States v. Andem, 158 Fed. 996.

5 United States v. Press Publishing Company, 219 U. S. 1, 55 L. ed. 65, 31 S. C. 212.

Johnson v. United States, 225 U. S. 405, 416, 56 L. ed. 1142, 32 S. C. 748.

7 In re Kelly, 71 Fed. 545.

VOL. II-16

8 United States v. World's Columbian Exposition, 56 Fed. 630.

United States v. King, 81 Fed. 625. See also Ex parte Hart, 157 Fed. 130; United States v. Barnaby, 51 Fed. 20.

10 United States v. Carter, 84 Fed. 622.

11 United States v. Tucker, 122 Fed. 518.

241

fore, that a crime committed therein would be punishable in the United States Courts.1 12 This section gives the Federal Courts jurisdiction over a crime committed in a United States post office building.13

12 Western Union Telegraph Co. v. Chiles, 214 U. S. 274, 53 L. ed. 994, 29 S. C. 613.

13 United States v. Andem, 158 Fed. 996; Sharon v. Hill, 24 Fed. 726.

CHAPTER LVII

CRIMINAL CODE, CHAPTER TWELVE

PIRACY AND OTHER OFFENSES UPON THE SEAS

§ 951. Crim. Code § 290.

§ 952. Crim. Code § 291. $953. Crim. Code § 292.

§ 954. Crim. Code § 293.

§ 955. Crim. Code § 294.

§ 956. Crim. Code § 295.

§ 957. Crim. Code § 296.

§ 958. Crim. Code § 297. § 959. Crim. Code § 298.

§ 960. Crim. Code § 299.

§ 961. Crim. Code § 300.

§ 962. Crim. Code § 301.

§ 963. Crim. Code § 302. § 964. Crim. Code § 303.

§ 965. Crim. Code § 304. § 966. Crim. Code § 305. § 967. Crim. Code § 306.

§ 968. Crim. Code § 307. $969. Crim. Code § 308.

Piracy under the Law of Nations.

Maltreatment of Crew by Officers of Vessel.
Inciting Revolt or Mutiny on Shipboard.
Revolt and Mutiny on Shipboard.

Seaman Laying Violent Hands on His Commander.
Abandonment of Mariners in Foreign Ports.
Conspiracy to Cast Away Vessel.
Plundering Vessel in Distress, etc.
Attacking Vessel with Intent to Plunder.
Breaking and Entering Vessel, etc.
Owner Destroying Vessel at Sea.
Other Person Destroying or Attempting to Destroy
Vessel at Sea.

Robbery on Shore by Crew of Piratical Vessel.
Arming Vessel to Cruise against Citizens of the
United States.

Piracy under Color of a Foreign Commission.
Piracy by Subjects or Citizens of a Foreign State.
Running Away with or Yielding up Vessel or
Cargo.

Confederating, etc., with Pirates.

Sale of Arms and Intoxicants Forbidden in Pacific
Islands.

§ 970. Crim. Code § 309. Offenses under Preceding Section Deemed on

High Seas.

§ 971. Crim. Code § 310. "Vessels of the United States" Defined.

§ 951. Criminal Code. Sec. 290. Piracy under the Law of Nations.

Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought