Roy Thomas O'Malley v. United States

COFFIN, Circuit Judge.

Defendant, a Chief Petty Officer of the United States Navy, was indicted and convicted for “wilfully and knowingly convert[ing] to his own use a sum approximately $900 of the money and property of the United States which had come into * * * [his] possession * * * by virtue of his employment * * 18 U.S.C. § 641. 1

The government’s evidence showed that defendant was chief commissary-man in charge of the mess facilities at the Navy Construction Battalion Center, Davisville, Rhode Island. His duties included collecting the daily cash receipts from the mess cashiers and…