Harvey v. United States
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon a writ of error to review a judgment of the Circuit Court, Southern District of New York, sentencing V. Clementine Harvey, plaintiff in error, to imprisonment upon a verdict of guilty, under section 3893, Rev. St. U. S. [U. S. Comp.
Read the full summary
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon a writ of error to review a judgment of the Circuit Court, Southern District of New York, sentencing V. Clementine Harvey, plaintiff in error, to imprisonment upon a verdict of guilty, under section 3893, Rev. St. U. S. [U. S. Comp. St. 1901, p. 2658]. The indictment was for having “unlawfully, willfully, and knowingly deposited, and caused to be deposited, for mailing and delivery, in the post office of the United States, in the city of New York, certain unmailable matter, to…
1Per curiam
The gist of the offense is the misuse of the mails —the mailing or causing to be mailed of letters or packages which are forbidden. It is essential to conviction that it be shown by the proof that the accused did mail or cause to be mailed the offending letter or package. At the close of the government’s case, and again at the close of the whole case, the prisoner’s counsel moved that the jury be advised to acquit upon the ground that “the government has failed to produce sufficient evidence to establish the charge in the indictment.” Exceptions to the denial of these motions sufficiently…
2Cited by2 opinions
- Hanley v. United StatesCourt of Appeals for the Second Circuit · 1904
- Murray v. United StatesCourt of Appeals for the Fourth Circuit · 1917