Smith v. United States

BRYAN, Circuit Judge.

Appellant was convicted of violating 18 USCA § 265, in that, in the language of the indictment, he “did unlawfully and knowingly, and with the intent to defraud, keep and have in his possession an altered obligation of the United States; that is to say * * * the back of a valid one dollar United States silver certificate,” which is set out in hsec verba. He relies for reversal on the contentions (1) that the indictment fails to disclose or explain how the split certificate could be used to defraud, and (2) that according to both the indictment and the evidence the…