Jury Instruction

1. That the Defendant knowingly and willfully embezzled or stole from a railroad car or motortruck the property described in the indictment, as charged;
2. That such property was then moving as, or was part of, an interstate shipment; and
3. That such property had a value in excess of $1,000.

The word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.

To “embezzle” means the wrongful or willful taking of money or property of someone else after the money or property has lawfully come within the possession or control of the person taking it.

To “steal” or “unlawfully take” means the wrongful and willful taking of goods or property, belonging to someone else, with intent to deprive the owner of the use and benefit of such property and to convert it to one’s own use or the use of another.

An “interstates shipment” means goods or property that is moving as part of interstate commerce; and interstate commerce simply means the movement of goods from one state into another state.

The interstate nature of a shipment begins when the property is first identified and set aside for shipment and comes into the possession of those who start its movement toward interstate transportation. The interstate nature of the shipment then continues until the shipment arrives at its destination and is there delivered.

While the interstate nature of the shipment must be proved as an essential part of the offense, it is not necessary to show that the Defendant actually knew that the goods were a part of such a shipment at the time of the alleged embezzlement or stealing; only that the Defendant knowingly and willfully embezzled or stole them.