Thomas v. United States

Appellant was indicted on two counts of violating Title 18 U.S.C. § 495, 1 the first charging that he “falsely forged” an endorsement on a check drawn upon the Treasurer of the United States, and the second that he fraudulently “uttered and published as true and genuine” the forged check. After a trial by a jury, he was found not guilty on the first count and guilty on the second. He brings this appeal urging that the court committed prejudicial error in failing to direct a verdict of acquittal on the first count.

Upon a motion for judgment of acquittal, the trial judge must assume the truth…