United States v. Barnow

Citations

• 221 F. 140
• 1915 U.S. Dist. LEXIS 1586

Syllabus

<p>1. False Personation <S=>1—Statutes—Construction—Fictitious Officer.</p> <p>Criminal Code (Act March 4, 1909, c. 321) § 32, 35 Stat. 1095 (Comp. St. 1913, § 10196) making punishable one who, with intent to defraud, shall falsely assume to be an officer or employé acting under authority of the United States, shall take on himself to act as such, or shall in such pretended character demand or obtain from any person or from the United States money or other valuable thing, forbids only the false personation of an existing officer or employé, or of one of a class of officers or enuployés, and an indictment charging the defendant with personating an employé of the United States acting under its authority as an agent to sell a certain set of books, charges no crime.</p> <p>[Ed. Note.—For other cases, see False Personation, Cent. Dig. § 1; Dec. Dig. <@=K>1.]</p> <p>2. False Personation @=»4—United States Officer—Indictment—Allegation of Fraud.</p> <p>An allegation, in an indictment charging the defendant with defrauding another by personating a United States officer, that those who purchased the books from defendant would not have done so, except for his representations that the money paid was to be turned over to the government, and that the entire price paid represented only the cost of binding the books, is not a sufficient allegation of fraud, but shows merely a misrepresentation, not amounting to fraud.</p> <p>[Ed. Note.—For other cases, see False Personation, Cent. Dig. § 2; Dec. Dig. <§=>4.]</p> <p><@^>Fór other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>