Faust v. United States
Supreme Court of the United States
EEROS TO THE DISTRICT COURT OP THE UNITED STATES POE THE NORTHEEN DISTRICT OP TEXAS. In the District Court of the United States for the Northern District of Texas the defendant, plaintiff in error, was indicted, December 21, 1893, and subsequently tried, for feloniously embezzling certain money-order funds of the United States.
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EEROS TO THE DISTRICT COURT OP THE UNITED STATES POE THE NORTHEEN DISTRICT OP TEXAS. In the District Court of the United States for the Northern District of Texas the defendant, plaintiff in error, was indicted, December 21, 1893, and subsequently tried, for feloniously embezzling certain money-order funds of the United States. On April 18, 1895, he was found guilty under the second count of the indictment, which alleged that on April 6, 1893, he was assistant postmaster at Thornton, in the county of Limestone, within the district aforesaid, and as such assistant postmaster had in his…
1Opinion of the CourtJustice Shiras
In the indictment the defendant was described as one W. J. Faust, whose Christian name was to the grand jurors unknown. There was filed a plea of misnomer, in which the defendant averred that he had been baptized in the name of W. J. Foust, and that he had always been known and called by that name, and prayed that the indictment might be quashed. This plea was overruled, as was likewise a .motion to quash the indictment on the ground that defendant’s name was W. J. Foust, and not "W. J. Faust, as it appeared in the indictment.
In this we see no error. A name need not be correctly spelled in an…
2Cases cited1 opinion
- Elliott v. KnottCourt of Appeals of Maryland · 1859
3Cited by26 opinions
- United States v. SomersCourt of Appeals for the Third Circuit · 1974
- United States v. Chucks EmuegbunamCourt of Appeals for the Sixth Circuit · 2001
- United States v. Alex J. RaineriCourt of Appeals for the Seventh Circuit · 1982
- State v. BrigandiSupreme Court of Connecticut · 1982
- United States v. Robert Blackwood and Tobias CohenCourt of Appeals for the Second Circuit · 1972
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