United States v. Marselis
U.S. Circuit Court for the District of Southern New York
The defendant was indicted under section 22 of the post-office act of March 3, 1825 (4 Stat. 108), which provides that any person who shall steal the mail, or shall steal or take from or out of any mail, or from or out of any post office, any letter or packet, shall be punished by imprisonment not less than two years and not exceeding ten.
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The defendant was indicted under section 22 of the post-office act of March 3, 1825 (4 Stat. 108), which provides that any person who shall steal the mail, or shall steal or take from or out of any mail, or from or out of any post office, any letter or packet, shall be punished by imprisonment not less than two years and not exceeding ten. At the trial, a special verdict was found by the jury, that the defendant was a clerk employed in the post office ir> the city of New York, in distributing and forwarding one line of mails; that his general station was at what was called the “East Table,”…
1Opinion of the Court
BETTS, District Judge.
The points raised on the special verdict in this case are, whether, within the meaning of the twenty-second section of the act of 1825, the defendant stole the mail, or the letters from or out of the post office. The terras “mail” and ‘.‘post office” seem, each of them, to bear, in the acts of congress and in general acceptation, both a generic and a specific sense. Instances are presented in sections 2, 4, 11 and 22 of the act of 1825, of the employment of the term “mail” as embracing the whole body of mailable matter transmitted from office to office, and also the…
2Cited by3 opinions
- Hanley v. United StatesCourt of Appeals for the Second Circuit · 1903
- United States v. RappU.S. Circuit Court for the Northern District of Georgia · 1887
- United Fruit Co. v. United StatesUnited States Court of Claims · 1958