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Morisette v. United States
United States Supreme Court (1952)
Petitioner/Defendant: Morisette; the defendant was a junk dealer and he entered an air force bombing area to take used bomb casings which were being rusted. He sold the casings for a profit and later he was arrested and charged with "knowingly" converting and stealing government property. The defendant argued that he did not intend to steal government's property because he honestly believed that the casings were abandoned. The trial judge rejected this argument and instructed the jury that the defendant was guilty if he intended to just take the property.
Issue: Is mens rea (guilty mind) required in the crime which the defendant is being charged with?
Holding: Yes
Legal Reasoning: In the common law, guilty mind was a requirement. But recently, many statues have been passed by states concerning minor crimes where guilty intent is not required. But the crime in question, the court held, is larceny and the this should not be considered as one of those non-intent crimes. The court ruled that since the defendant did not have mens rea, he can not be charged with larceny. The ruling of trial court was reversed.