Erbaugh v. United States

Citations

• 173 F. 433
• 97 C.C.A. 663
• 1909 U.S. App. LEXIS 5079

Syllabus

<p>1. Post Office (§ 35*) — Fraudulent Use of Mails — Statutes—Construction — Intent to Effect Scheme by Correspondence with One’s Self’ No Offense.</p> <p>One who devises a fraudulent scheme, to be effected by opening or intending to open a correspondence or communication with himself by means of the post office establishment of the United States, is guilty of no offense punishable under section 5480, Rev. St. U. S. (U. S. Comp.-St. 1001, p. 3696).</p> <p>A fraudulent scheme, which the deviser intends to effect by either opening or intending to open a correspondence or communication with some other person by means of the post office establishment, or by inciting some other person to open communication with him, is essential to the offense.</p> <p>[Ed. Note. — For other cases, see Post Office, Cent. Dig. § 55; Dec. Dig. § 35.*]</p> <p>2. Statutes (§ 241*) — Construction—Penal Statute Includes Parties Within Its Express Terms Only.</p> <p>A penal statute, which creates and prescribes the punishment for a new offense, must be strictly construed.</p> <p>One who was not beyond reasonable doubt by the express terms of the statute within the class ol’ those punishable thereunder may not be brought within it after the event by interpretation.</p> <p>Ex post facto law by judicial construction is as pernicious as ex post facto legislation.</p> <p>[Ed. Note. — For other cases, see Statutes, Cent. Dig. §§ 322-323; Dec. Dig. § 241.*]</p> <p>(Syllabus by the Court.)</p>