United States v. Burroughs
U.S. Circuit Court for the District of Ohio
[W. 31. Corry moved for a new trial upon the following grounds, which were also urged to the court and jury at the trial: [The verdict, except on the second count, is unsustained by the evidence. The punishment for the offence mentioned in that count cannot exceed 6 months imprisonment, and a fine.
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[W. 31. Corry moved for a new trial upon the following grounds, which were also urged to the court and jury at the trial: [The verdict, except on the second count, is unsustained by the evidence. The punishment for the offence mentioned in that count cannot exceed 6 months imprisonment, and a fine. The verdict on the first count cannot be sustained, for the 22d section of the post-office aet only provides for the case of stealing the mail from, and not by, the person having the custody of it; the words being “with or without the consent of the person having the custody thereof.” It is…
1Opinion of the Court
OPINION OF THE COURT. The jury having returned a verdict of guilty, on the seven counts contained in the indictment, a motion is now made for a new trial, and also in arrest of.judgment:
On two grounds, the defendant’s counsel insist that a new trial should be granted. 1. “Because the bank notes alleged to have been stolen, are stated, in all the counts of the indictment, to be the property of Sem-ple and Barker, whereas the proof showed that they were the property of those persons and' two other individuals.” 2. “Because the proof was that the letter, which contained the notes, is averred in…
2Cited by2 opinions
- United States v. JonesU.S. Circuit Court for the Southern District of Georgia · 1887
- United States v. CurtisDistrict Court, S.D. New York · 1882