United States v. Baugh
U.S. Circuit Court for the District of Eastern Virginia
Motion in arrest of judgment, after verdict, upon proseeution by information for a violation of section 5461 of the Bevised Statutes. The information charged “that John Gf.
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Motion in arrest of judgment, after verdict, upon proseeution by information for a violation of section 5461 of the Bevised Statutes. The information charged “that John Gf. Baugh, late of the city of Richmond, heretofore, to-wit, on the twenty-third day of November, A. D. 1879, at the said city of Richmond, within the said eastern district of Virginia, he, the said Baugh, then and there being a person employed in the postal service of the United States, to-wit, as a letter carrier at the post-office at the said city of Richmond, unlawfully did embezzle, secrete and destroy a certain letter…
1Opinion of the CourtHughes, J.
This is an information for the embezzlement of a letter. The offence is statutory, and the information must charge such an offence as the statute defines. It is not the taking and secreting of any letter that constitutes the statutory crime. Under the terms of this law, that only is embezzlement where the letter is in postal custody; is not yet delivered to the person to whom it is addressed; contains some one of the valuable things named in the statute; and this valuable thing is taken out of the letter or stolen. This same section of the Revised Statutes also makes the act of taking this…
2Cases cited2 opinions
- United States v. ReidSupreme Court of the United States · 1852
- United States v. TaylorU.S. Circuit Court for the District of Eastern Virginia · 1874
3Cited by11 opinions
- Albrecht v. United StatesSupreme Court of the United States · 1927
- BANKERS'MORTG. CO. OF TOPEKA, KAN. v. McCombCourt of Appeals for the Tenth Circuit · 1932
- United States v. GillDistrict Court, D. New Mexico · 1931
- United States v. TrosperDistrict Court, S.D. California · 1904
- United States v. AchenDistrict Court, E.D. New York · 1920
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