Shaw v. States

Citations

• 165 F. 174
• 91 C.C.A. 208
• 1908 U.S. App. LEXIS 4739

Syllabus

<p>1. Post Office (§ 48*) — Offenses Against Postal Laws — Embezzlement of Letter by Employé — Indictment.</p> <p>The provisiODK of Rev. St. § 5467 (U. S. Comp. St. 1901, p. 8691), making it a crimiDal offense for an employé in the postal service to embezzle a letter, necessarily implies that the letter must have come into his possession in his official character; and an indictment thereunder which fails to allege such fact is fatally defective.</p> <p>[Ed. Note. — For other cases, see Post Office, Cent. Dig. § 77; Dec. Dig. § 48.*]</p> <p>2. 'Indictment and Information (§ 75*) — Sufficiency of Accusation — “Then and There.”</p> <p>The words “then and there” as used in an indictment merely bring forward prior averments of date and venue, and do not otherwise enlarge the description of the offense.</p> <p>[Ed. Note. — For other cases, see Indictment and Information, Dec. Dig- § 75.*</p> <p>For other definitions, see Words and Phrases, vol. 8, pp. 6946-6948, 7815.]</p>