United States v. Trosper
District Court, S.D. California
Thomas H. Trosper was indicted for abstracting a package containing an article of value from the United States mails, and after conviction moved in arrest of judgment on the ground that the indictment did not state an offense under Rev. St. § 5469 [U. S. Comp.
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Thomas H. Trosper was indicted for abstracting a package containing an article of value from the United States mails, and after conviction moved in arrest of judgment on the ground that the indictment did not state an offense under Rev. St. § 5469 [U. S. Comp. St. 1901, p. 3692]. . The charging part of the indictment is substantially as follows: That Thomas H. Trosper, late of the Northern Division of the Southern District of California, on the twelfth day of September, A. D. 1903, in the city of Fresno, county of Fresno, within the Northern Division of the Southern District of California,…
1Opinion of the Court
WELLBORN, District Judge.
The grounds of said motion are alleged defects in the indictment, as follows: First, failure to charge the ownership of the shirt therein described; second, failure to charge any wrongful intent upon the part of the .defendant.
Defendant’s contention is that the interference with the mails denounced by the first clause' of section 5469, Rev. St. [U. S. Comp. St. 1901, p. 3692], under which clause the present indictment was found, must be such, an asportation as would, if made of private property, constitute technical larceny. The case mainly relied on by defendant,…
2Cases cited9 opinions
- United States v. BrittonSupreme Court of the United States · 1883
- United States v. JollyU.S. Circuit Court for the District of Western Tennessee · 1888
- United States v. SanderU.S. Circuit Court for the District of Northern Ohio · 1855
- United States v. FalkenhainerU.S. Circuit Court for the District of Eastern Missouri · 1884
- United States v. BaughU.S. Circuit Court for the District of Eastern Virginia · 1880
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3Cited by12 opinions
- United States v. TurleySupreme Court of the United States · 1957
- United States v. HandlerCourt of Appeals for the Second Circuit · 1944
- Thompson v. United StatesCourt of Appeals for the Ninth Circuit · 1913
- United States v. AdcockDistrict Court, W.D. Kentucky · 1943
- Kelley v. United StatesCourt of Appeals for the Ninth Circuit · 1948
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