United States v. Etheredge

Citations

• 140 F. 376
• 1905 U.S. App. LEXIS 4797

Syllabus

<p>Post Office — Use of Mails to Defraud — Indictment.</p> <p>Act March 2, 1889, 25 Stat. 873, c. 393 [U. S. Comp. St. 1901, p. 3696], by the first section amends Rev. St. § 5480, relating to the use of the mails fon the purpose of carrying out a scheme or artifice to defraud, etc. Section 2 [U. S. .Comp. St. 1901, p. 3698] provides that “any person who, in and for conducting, promoting, or carrying on, in any manner by means of the post office establishment of the United States, any scheme or device mentioned in the preceding section, * * * shall use or assume * * * any fictitious, false, or assumed title, name, or address, * * * or name other than his own * * * proper name, shall, upon conviction, be punishable as provided in the first section of the act.” Held, that an indictment under said section 2 must set out facts constituting a scheme or device to defraud as fully as required under section 1.</p> <p>[Ed. Note. — For eases in point, see vol. 40, Cent. Dig. Post Office, §§ 71, 72.</p> <p>Use of mails for frauds and counterfeiting, see note to Timmons v. United States, 30 C. C. A. 80.]</p>