United States v. Bobby Lee Brooks

EDWARDS, Circuit Judge.

Appellant Brooks was convicted after jury trial on a charge of theft of a check from the mails and unlawful possession of it, in violation of 18 U.S.C. § 1708 (1970). At the trial government evidence included the following: Mae. F. Henry testified she was the addressee of a check from the Tennessee State Welfare Department which never arrived. The letter carrier concerned testified that on November 7, 1973, he delivered the check to the address on the envelope and that he heard a woman (unidentified) say: “That fellow is getting the mail out of the box over there. The…