Page:United States Statutes at Large Volume 47 Part 1.djvu/798

774 Fraudulently obtain- ing baggage. 72d C ONGRESS. SESS . II. CH. 16. JANUARY 21,1933 . ever sh all st eal or shall unlaw fully take, c arry a way, o r by f raud or deception obtain with intent to convert to his own use any bag- gage which shall have come into the poss ession of any common carrier for transportation from one State or Territory or the Dis- trict of Columbia to another State or Territory or the District of Columbia or to a foreign country, or from a foreign country to any State or Territory or the District of Columbia, or shall break into, Receiving , eye ., sto . steal, take, carry away, or conceal any of the contents of such bag- gage, or shall buy, receive, or have in his possession any. such baggage or any article therefrom of whatever nature, knowing the same to have been stolen, or whoever shall steal or shall unlawfully take by any fraudulent device, scheme, or game, from any passenger car, sleeping car, or dining car, or from any passenger or from the posse ssion of a ny p assen ger w hile on o r in such pass enger car, sleeping car, or dining car, when such car is a part of a train moving from one State or Territory or the District of Columbia` to another State or Territory or the District of Columbia or to a foreign country, or from a foreign country to any State or Territory or the District of Columbia, any money, baggage, goods ; or chaels, or who shall buy, receive, or have in his possession any such money, baggage, goods, or chattels, knowing the same to have been stolen, shall in each case be fined not more than $5,000 or imprisoned not more than ten y ears , or both, and pros ecuti ons t here for m ay be institu ted in any d istric t wher ein th e crime shall have been c om- mitted or in which the defendant may have taken or been in posses- sion of the said money, baggage, goods, or chattels . The carrying or transporting of any such money, freight, express, baggage, goods, or chattels from one State or Territory or the District of Columbia into another State or Territory or the District of Columbia, know- ing the s ame to ha ve been s tolen, sh all const itute a s eparate o ffense and subject the offender to the penalties above described for unlaw- ful taking, and prosecutions therefor may be instituted in any dis- trict i nto wh ich su ch mon ey, fr eight, expres s, bag gage, goods, or chattels shall have been removed or into which they shall have been brought by such offender . The words `station house,' ` platform ,' ` depot,' ` wagon,' ` automobile,' ` truck,' or `other vehicle,' as used in this section, shall include any station house, platform, depot, wagon, au tomobile, truck, o r other v ehicle of any pers on, firm, asso- ciation, or corporation having in his or its custody therein or thereon any freight, express, goods, chattels, shipments, or baggage moving as or which are a part of or which constitute an interstate or foreign shipment. "Nothing herein shall be held to take away or impair the juris- diction of the courts of the several States under the laws thereof ; and a , udgmen t of c onvict ion or acqui ttal on the m erits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts . " To establish the interstate or foreign commerce character of any shipment in any prosecution under this Act the waybill of such ship ; ment sh all be prima facie evide nce of the pl ace fr om whi ch and to which such shipment was made ." Approved, January 21, 1933 . len baggage. Unlawfully taking property from any pas- sengercar,orpassenp on int erst ate tr ains . Punishment Jurisdiction . Asportation a sep- arate o ffense . Definitions . Jurisdiction of state courts not impaired . Waybill prima facie evidenc e to e stabli sh character of shipment.