United States v. De Bare
District Court, E.D. Wisconsin
The indictment charged that on the 19th of November, 1874, the defendant [Reuben E. De Bare] with intent to defraud the United States, wilfully and feloniously received from one Crawford a quantity of postage stamps, the said stamps having been stolen from a post-office of the United States, and the defendant, at the time he received the same, knowing them to have been stolen.
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The indictment charged that on the 19th of November, 1874, the defendant [Reuben E. De Bare] with intent to defraud the United States, wilfully and feloniously received from one Crawford a quantity of postage stamps, the said stamps having been stolen from a post-office of the United States, and the defendant, at the time he received the same, knowing them to have been stolen. At the trial the testimony disclosed the following facts: In the night of November 12th, 1874, the post-office at Unionville, Missouri, was robbed by Crawford, and postage stamps to the amount of about $156 were stolen.…
1Opinion of the Court
DYER, District Judge.
Careful consideration of the question has confirmed me in the opinion that the instruction given to the jury was right. Undoubtedly it is not, in all cases, essential that an indictment against a receiver should allege by whom the property was stolen. A party may be indicted for l-eceiving goods stolen by persons unknown. In a case where an indictment was objected to because it did not ascertain the principal thief, and did not, therefore, state to whom in particular the prisoner was accessory, it was neld good [Thomas’ Case, O. B. 1700]but “where the principal, however,…
2Cited by7 opinions
- United States v. Raymond Walter MonasterskiCourt of Appeals for the Sixth Circuit · 1977
- United States v. CohenCourt of Appeals for the Third Circuit · 1921
- Copertino v. United StatesCourt of Appeals for the Third Circuit · 1919
- Anderson v. StateSupreme Court of Florida · 1896
- People v. GrahleCalifornia Court of Appeal · 1924
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