United States v. Lacher

The defendant, an employe in the post-office at New; York, was found guilty of embezzling a letter containing an article of value on an indictment under section 5467 of the Revised Statutes. ' A hearing on motions for new trial and in arrest of judgment before the circuit’ judge of the Second Circuit and the district judge, holding the court, resulted in a division of opinion upon the following questions, which were certified to this court:

“1. "Whether an offence against the United States under section 5467, Revised Statutes, is charged in either the first or the third count of the indictmént…