Alexis v. United States

Citations

• 129 F. 60
• 63 C.C.A. 502
• 1904 U.S. App. LEXIS 4012

Syllabus

<p>1. Larceny from the Mails — Indictment—Stamped Package.</p> <p>In a prosecution under Rev. St. U. S. § 5467 [U. S. Comp. St. 1901, p. 3691], for larceny from the mails, an indictment charging that the stolen package had been placed in the mail, and came into defendant’s possession in his capacity as a mail clerk, was sufficient to authorize the admission of evidence that the package had been stamped, and the manner of such stamping.</p> <p>2. Same — Names of Persons — Idem Sonans.</p> <p>Where an indictment charged defendant with extracting from the mails, embezzling, and stealing the contents of a package addressed to “L. Krowder,” evidence that the package was addressed to “L. Krower” did not constitute a variance, such names being idem sonans.</p> <p>8. Same — Trial—Reopening Case.</p> <p>Where there was nothing in defendant’s affidavit accompanying his application to have the case reopened, and to be permitted to introduce further evidence after the testimony had been closed, either as to the nature of the evidence sought to be added, as to the witnesses by whom it was expected to be given, or the reason why it had not been offered sooner, to require the granting of the application, it was not an abuse of the court’s discretion to deny the same.</p> <p>4. Same — Requests to Charge.</p> <p>Where, in so far as requests to charge were correct, they were given by the court, either in modifications thereto or in the general charge, and each of them contained matter that was either erroneous, or not pertinent to the proof, the requests were properly denied.</p> <p>5. Same — Instructions—Witnesses—Credibility of Accused.</p> <p>Where the court charged that defendant had a perfect right to testify, and, having done so, his testimony should be treated like that of any other witness, and that it was for the jury to find whether or not he had told the truth, it was not error to add that, in considering defendant’s testimony, which, if true, entitled him to an acquittal,