MORISSETTE v. UNITED STATES

Legal Principle at Issue

Whether a criminal statute that punishes the "knowing conversion" of government property requires proof of felonious intent to steal, even if the statute does not explicitly mention intent.

Action

The Supreme Court held strict liability is not appropriate for crimes other than public welfare offenses, even if the statute does not mention an essential mental state.

Facts/Syllabus

On a large tract of uninhabited and untilled land in a wooded and sparsely populated area of Michigan, the Government established a practice bombing range over which the Air Force dropped simulated bombs at ground targets. These bombs consisted of a metal cylinder about forty inches long and eight inches across, filled with sand and enough black powder to cause a smoke puff by which the strike could be located. At various places about the range signs read "Danger Keep Out Bombing Range." Nevertheless, the range was known as good deer country and was extensively hunted.

In December of 1948, Joseph Edward Morissette went hunting in this area but did not get a deer. He thought to meet expenses of the trip by salvaging some of the bomb casings. He loaded three tons of casings onto his truck and took them to a nearby farm, where the casings were flattened by driving a tractor over them. After expending this labor and trucking them to market in Flint, Morissette sold the scrap metal for $84.

The loading, crushing and transporting of these casings were all in broad daylight, in full view of passers-by, without the slightest effort at concealment. When an investigation was started, Morissette voluntarily, promptly and candidly told the whole story to the authorities, saying that he had no intention of stealing but thought the property was abandoned, unwanted and considered of no value to the Government. He was indicted, however, on the charge that he "did unlawfully, wilfully and knowingly steal and convert" property of the United States of the value of $84. Morissette was convicted and sentenced to imprisonment for two months or pay a fine of $200. The U.S. Court of Appeals for the Sixth Circuit affirmed.