The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 208
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208 256 FEDERAL REPORTER
7. CRIMINAL LAW 400()-EVIDEN -OrrFFICIAL CAPACITY OF WITNESS.
Witness could, without producing his commission, testify that, when he
made a demand on defendant postmaster for money order funds, he was a
post office inspector; his testimony establishing, at least, his character
as a de facto officer.
& CRIMINAL LAW 4371(2)-+EvIDENc--OTHER OFFENSBE-INTENT.
Proof of previous failures of defendant postmaster to remit, as re-
quired by law, and likewise that he had issued money orders to himself
to pay for whisky, without paying for them, was competent on the ques-
tion of intent, involved at least in the count charging embezzlement by
conversion to his own use of the money order funds of which he was shown
to be short.
9. POST OFFICE :AS8-EMBEZZLEMENT BY POSTMASTER-SHORTAGE.
It would be a shortage, on which the statutory embezzlement by a post-
master (Penal Code, 5 225 [Comp. St. i 106951) could be predicated, for
him to issue money orders to himself to pay for whisky, without pay-
ing for them; it not being necessary that he actually received the money
for which he failed to account.'
10. PosT OrICE ==38---EMBEZZLEMENT BY POSTMASTER- HARACTER OF FUNDS
-REGULATIONs OF DEPARTMENT.
Relative to embezzlement by postmaster of money order funds, the char-
acter of moneys received by him on C. O. D. parcel post packages, to be
remitted to sender, is fixed by the Post Office Department, by its regula-
tions, treating them as money order funds.
11. CRIMINAL LAW =l1169(6)--HARMLEsS ERROR-EMBEZZLEMENT-WAONGFUL
INCLUSION OF FUNDs.
No fine being imposed, postmaster, convicted of statutory embezzlement
of money order funds, could not be injured by ruling treating as such
funds money received by him on C. O. D. parcel post packages, to be re-
mitted to sender; such money constituting but a small part of the con-
ceded balance due from him to the government, and not explained by him.
12. WITNESSES e=360-DISCREDITIN--GOOD CHARACTER IN REBUTTAL.
Testimony of defendant that, though he had signed a confession, he did
so at instance of C., government witness, who knew it contained untrue
statements, and promised him immunity if he signed it, tended to so dis-
credit C. as to justify the government, on rebuttal, in proving his good
character.
13. PosT OFFICE 4 49-EMBEZZLEMENT BY POSTMASTER--EVIDENCE-ACCOUNT
WITH AUDITOR.
The effect given by Penal Code, 5 225 (Comp. St. 5 10395), to the tran-
script of the account of a postmaster with the Auditor for the Post Office
Department. showing a balance due the government from him, is to re-
quire him, on prosecution for embezzlement, to explain the shortage.
14. CRIMINAL LAW =7S8 (1)--INTRUCTIONS--INT'bREST OF DEFENDANT.
A charge held properly given on the effect of the interest of defendant
on the weight of his testimony.
15. CRIMINAL Lw =29-oCONVICTION ON DIFFERENT COUNTS.
That all of the counts of an indictment under Penal Code, 5 225 (Comp.
St. 10895), for statutory embezzlement by postmaster, are based on the
same shortage, will not prevent conviction on more than one count, as the
same shortage, may constitute all the offenses charged.
In Error to the District Court of the United States for the Western
District of Louisiana; Geo. W. Jack, Judge.
John W. Foster was convicted under Penal Code, 225, and he
brings error. Affirmed.
4uaFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/222/: accessed April 26, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.