Woody v. United States

PETITIONER: Woody
RESPONDENT: United States
LOCATION: Charleston, South Carolina

DOCKET NO.: 135
DECIDED BY: Warren Court (1958-1962)
LOWER COURT: United States Court of Appeals for the Sixth Circuit

CITATION: 359 US 118 (1959)
ARGUED: Jan 14, 1959
DECIDED: Mar 23, 1959

Facts of the case

Question

Media for Woody v. United States

Audio Transcription for Oral Argument - January 14, 1959 (Part 1) in Woody v. United States

Audio Transcription for Oral Argument - January 14, 1959 (Part 2) in Woody v. United States

Earl Warren:

You may proceed, Ms. Rosenberg.

Beatrice Rosenberg:

On the issue beyond procedure which was in this case, as we see it, the question is whether the one who transports a stolen vehicle in interstate commerce in violation of what is now 2312 can ever be guilty of receiving and concealing, specifically, we rest on concealing, that same automobile which he had transported.

In other words, a violation of 2313, and it comes down to the question of whether the transporter is covered by the word "whoever" in 2313.

And on that, we think the answer must be yes in a proper case where acts of concealment are proved.

He can, the transporter can properly be found guilty of a violation of 2313 because 2313 punishes not only receives, conceals and stores but sells and disposes of an automobile.

And on its face and in the legislative history, it seems evident that whoever sells an automobile may very well be the transporter.

And by the same token, there is no reason we -- whoever concealed as not covering the transporter.

William J. Brennan, Jr.:

(Inaudible)

Beatrice Rosenberg:

Receives -- if "receive" is part of the transportation, then it was being to me that that would be so much a part of that transaction, that receipt alone, unless it were a discreet act in some fashion.

I suppose it is possible to imagine a situation where someone transport and then subsequently in some other transaction, receive that same automobile.

William J. Brennan, Jr.:

It might be a different transaction.

Beatrice Rosenberg:

That's a different transaction, that's right.

William J. Brennan, Jr.:

(Inaudible)

Beatrice Rosenberg:

No.

William J. Brennan, Jr.:

(Inaudible)

Beatrice Rosenberg:

Of whoever?

William J. Brennan, Jr.:

(Inaudible)

Beatrice Rosenberg:

I think not.

I think what happens is that Congress has covered situations here which are posed, that is what is punishing or various act, receipt, concealment, store.

Now, some of these are normally the actions of only the receiver of so-called offense.

And receipt would be that -- would -- receipt would be the kind of an act that would apply only to offense.

William J. Brennan, Jr.:

(Inaudible)

Beatrice Rosenberg:

On the other hand, sell and dispose of could be either offense or somebody else.

William J. Brennan, Jr.:

(Inaudible)

Beatrice Rosenberg:

Well, I -- for example -- I think not, Your Honor, because -- for example, somebody can sell, now, could he may simply bought it and not sell?

William J. Brennan, Jr.:

(Inaudible)

Beatrice Rosenberg:

Well, let me say this.

We -- the question, as I see, we start at the premise, you are saying if it's one transaction, obviously a transporter can receive.

William J. Brennan, Jr.:

(Inaudible)

Beatrice Rosenberg:

In some --