Withaup v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Colorado. Withaup, defendant in the court below, was there tried and convicted upon an indictment charging him with forging upon the back of a pension check the name of the payee, and with uttering the check with the forged indorsement.
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In Error to the District Court of the United States for the District of Colorado. Withaup, defendant in the court below, was there tried and convicted upon an indictment charging him with forging upon the back of a pension check the name of the payee, and with uttering the check with the forged indorsement. The check was dated May 14, 1900, and drawn by the pension agent of the United" States at Topeka, Kan., upon the assistant treasurer of the United .States at St. Louis; Bio. Pensions are paid quarterly in February, Blay, August, and November. The pension agency, in mailing each check tó a…
1Opinion of the CourtVan Devanter, Circuit Judge
No error was committed in admitting in evidence the May and August vouchers and the Villa Park postal card. They were forgeries, equally with the indorsement upon the May check, because all were written after the death of the pensioner. The evidence tended to show that these forgeries, and the uttering of the forged indorsement, were connected acts in a single scheme to defraud, perpetrated by the defendant. The vouchers and the postal card were therefore admissible, not to show other offenses distinct from those for which he was upon trial, but to prove the guilty intent and knowledge with…
2Cases cited48 opinions
- Logan v. United StatesSupreme Court of the United States · 1892
- United States v. ReidSupreme Court of the United States · 1852
- Hickory v. United StatesSupreme Court of the United States · 1894
- People v. FrankCalifornia Supreme Court · 1865
- People v. . EverhardtNew York Court of Appeals · 1887
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3Cited by31 opinions
- Olmstead v. United StatesSupreme Court of the United States · 1928
- United States v. FawcettCourt of Appeals for the Third Circuit · 1940
- Shelton v. United StatesCourt of Appeals for the Fifth Circuit · 1953
- Samuels v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- State v. SiddowayUtah Supreme Court · 1922
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