Mcelroy v. United States (455 U.S. 642)
U.S. Supreme Court · decided March 23, 1982 · Supreme Court Database (Spaeth)
- Citation
- 455 U.S. 642 · 102 S. Ct. 1332
- Decided
- March 23, 1982
- Term
- October Term 1981
- Vote
- 8–1
- Majority author
- Justice O'Connor
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice O’Connor delivered the opimon of the Court. The petitioner was convicted of two counts of transporting a forged security in interstate commerce in violation of 18 U. S. C. § 2314. He challenges his conviction on the ground that the statute requires proof, concededly lacking at trial, that the securities had been forged before being taken across state lines. Because of a conflict among the Circuits on this issue of statutory construction, we granted certiorari. 454 U. S. 815 (1981). For the reasons stated below, we affirm the petitioner’s conviction. HH Petitioner Charles McElroy was indicted by a federal grand jury on three counts. Counts 1 and 3 charged that on two occasions the petitioner transported in interstate commerce falsely made and forged securities from Ohio to Pennsylvania in violation of 18 U. S. C. §2314, the National Stolen Property Act. Count 2 charged McElroy with transporting a stolen car in interstate commerce from Pennsylvania to Ohio in violation of 18 U. S. C. § 2312. According to the proof at trial, several blank checks were stolen from Local 125 of the Laborers’ International Union in Youngstown, Ohio, in late March or early April 1977. After the Union discovered the theft, it closed the account on which the checks were drawn. Seventeen months later, in October 1978, the petitioner ordered a used Corvette from the Don Allen Chevrolet Agency in…
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