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Hassan Ramadhani v. R., Crim. App. 257-A-67, 5/4/68, Platt J.




Hassan Ramadhani v. R., Crim. App. 257-A-67, 5/4/68, Platt J.

Accused was convicted of stealing from a motor vehicle contrary to Penal Code section 269(c) upon evidence that he had taken the gear box of the vehicle itself.

            Held: (1) Section 269 (c) provides for thefts in which “the thing is stolen from any kind of vessel or vehicle or place of deposit …” This wording refers to things being conveyed by or deposited in vessels or vehicles rather than to parts of the vessels or vehicles themselves. (2) In interpreting a statute, marginal notes may be referred to for assistance. In the present case the relevant portion of the marginal note reads “stealing goods in transit” suggesting that portions of vehicles themselves were not included. Conviction of simple theft [P.C. s. 265] substitute.

 

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