United States v. Smith
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. George W. Bartch, Judge. John ~W. Smith was indicted for taking mail from the postoffice. From a judgment sustaining a demurrer to the indictment, United States appeals. The offense is charged in the indictment in the exact language of the statute, and it sets out all the particulars ■of the offense and certainly does state an offense under the statute.
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Appeal from the District Court of the Third Judicial District. Hon. George W. Bartch, Judge. John ~W. Smith was indicted for taking mail from the postoffice. From a judgment sustaining a demurrer to the indictment, United States appeals. The offense is charged in the indictment in the exact language of the statute, and it sets out all the particulars ■of the offense and certainly does state an offense under the statute. The indictment charges that the defendant took from the United States postoffice a.t Salt Lake City, •a certain letter intended and addressed to a person other than himself;…
1Opinion of the Court
XiNG, J.:
The only question presented by this appeal is as to the *435■sufficiency of the indictment. Section 5469, Rev. St. U. ■S., being section 22, Act March 3, 1825 (4 St.atLl09), provides that “ any person who shall take the mail, or ■any letter or packet therefrom, or from any postoffice, or -other authorized depository for mail matter, with or without the consent of the person having the custody thereof, and open, embezzle, or destroy any such mail, letter or package, which shall contain any note, draft, check,” etc., “ * * * shall be punishable,” etc. Under this section an indictment was…
2Cases cited6 opinions
- State v. SmithOregon Supreme Court · 1883
- In re BurkhardtDistrict Court, E.D. Wisconsin · 1887
- United States v. PearceU.S. Circuit Court for the District of Michigan · 1837
- United States v. DriscollDistrict Court, D. Massachusetts · 1869
- United States v. ParsonsU.S. Circuit Court for the District of Southern New York · 1849
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3Cited by2 opinions
- United States v. MeyersDistrict Court, E.D. Wisconsin · 1906
- Kubo v. United StatesCourt of Appeals for the Ninth Circuit · 1929