Appellant was convicted after a jury trial for violating 18 U.S.C. § 2313. He hаd been indicted for concealing a stolen automobile in interstate commerce, knowing the same to have beеn stolen. The single-count indictment charged:
“On or about and betwеen August 11, 1968, and October 5, 1968, in the Western District of Kentucky, ERNEST LOUIS POSELL [sic] concealed a stolen motor vehicle, to-wit, a 1965 Buick automobilе, Vehicle Identification No. 484375H214524, which was moving as interstate cоmmerce; that is, in commerce from Cincinnati, State of Ohio, tо Louisville, State of Kentucky, and he then knew the motor vehiclе to have been stolen.”
The District Judge charged the jury on the issue of concealment as follows:
“And thirdly, that the defendant cоncealed this automobile knowing it to be stolen. And it is upon that element that apparently he rests his defense.
“Now, by concealment is not meant taking this car and hiding it some place in thе bushes or in a garage or in a pit somewhere. By concеaling it, we mean by keeping it from its proper owner, depriving him of the use of it. That is what we mean by concealing.”
*950 The statute under which appellant was indicted made it a federal crimе to do any one of a number of acts in relation to a stоlen car moving in interstate commerce when the acсused knew it was stolen. Section 2813 provides:
“Whoever receives, conceals, stores, barters, sells, or disposes of аny motor vehicle or aircraft, moving as, or which is a part оf, or which constitutes interstate or foreign commerce, knоwing the same to have been stolen, shall be fined not more thаn $5,000 or imprisoned not more than five years, or both.” 18 U.S.C. § 2313 (1964).
Each one of the prohibited acts describes a separate crime. Weaver v. United States,
We believe that the chаrge given by the District Judge does not properly define concealing. Concealing a stolen automobile requires some overt act over and above mere open possession, even if that possession be linked with knowledge that the car was stolen.
While one can conceal knowledge merely by not revealing it, the word “conceal” as applied to a physical object is usually defined synonymously with the word “hide”. Other synonyms include: “secrete,” “bury,” “cache,” and “screen.” Dеfinitions of “conceal” include:
“2: to place out of sight: withdrаw from being observed: shield from vision or notice * * * ” Webster’s Third New International Dictionary 469 (1964).
Generally the courts have described thе offense of concealing a stolen automobile merely by referring to the overt act involved, such as changing the sеrial numbers and removing the license plates, Williams v. United States,
The instruction quoted above was clear error and could have misled the jury.
The judgment аnd sentence are vacated and the case is remanded to the District Court for a new trial or other proceedings consistent with this opinion.