United States v. Ernest Esco Mooney

VOGEL, Circuit Judge.

Ernest Esco Mooney, the appellant herein, was tried on a single-count indictment for possession of a check stolen from the mails knowing it to have been stolen. 1 This is a timely appeal from his conviction by a jury and imposition of a four-year sentence.

Although the testimony in the case is uncontradicted — the appellant not testifying and offering nothing in his defense —there are, inter alia, questions of identification and sufficiency which require a detailed statement of the evidence offered by the government.

The government’s first witness, one Harold Jonathan…