Welsing v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. This cause comes here on writ of error to review a judgment of the District Court, Southern District of New York, convicting plaintiff in error, a letter carrier who was defendant below upon an indictment under section 195 of the federal Penal Code (Comp.
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In Error to the District Court of the United States for the Southern District of New York. This cause comes here on writ of error to review a judgment of the District Court, Southern District of New York, convicting plaintiff in error, a letter carrier who was defendant below upon an indictment under section 195 of the federal Penal Code (Comp. St. 1913, § .10365). The relevant parts of the section are; “Whoever, being a postmaster or other person employed in any department of the postal service, shall unlawfully detain, delay, or open any letter, postal card, package, bag, or mail intrusted…
1Opinion of the Court
LACOMBE, Circuit Judge.
The main proposition advanced on behalf of defendant is that the court should have dismissed the indictment because the evidence was inadequate to sustain it.
[1] It is unnecessary to rehearse all the evidence. The jury was carefully instructed as to presumption of innocence, interest or bias of witnesses, etc. There was testimony from which the jury might very well conclude that a test package was prepared containing the brooch, the package being a small pasteboard box securely sealed and addressed to a house on defendant’s route; that this package in good condition was…
2Cited by1 opinion
- State Ex Rel. Boyd v. MillsWashington Supreme Court · 1925