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Anderson v. United States

United States Court of Appeals, Ninth Circuit
Mar 5, 1958
253 F.2d 419 (9th Cir. 1958)

Opinion

No. 15684.

March 5, 1958.

Earl C. Broady, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U.S. Atty., Henry P. Johnson, Lloyd F. Dunn, Asst. U.S. Attys., Los Angeles, Cal., for appellee.

Before POPE, FEE and HAMLEY, Circuit Judges.


Anderson, a person employed in the United States Postal Service, was convicted by a jury of the crime of embezzling letters which came into his possession intended to be conveyed by mail. 18 U.S.C.A. § 1709. He was sentenced, and now appeals. The sole ground is his claim that there was insufficient evidence to prove a felonious intent to embezzle mail. Technically, he has no standing to complain. A motion was made for a judgment of acquittal at the close of the evidence for the government. The court denied the motion. Anderson then introduced evidence and himself testified. After the taking of all evidence was completed the motion for acquittal was not renewed. The prior motion was thereby waived. See Note 1 to United States v. Calderon, 348 U.S. 160, 164, 75 S.Ct. 186, 99 L.Ed. 202. The jury was correctly instructed by the court that it was essential for them to find such a felonious intent before there could be a conviction. There was substantial evidence to support the verdict. The question was one of pure fact. There was no legal error. The finding of the jury is therefore binding.

Affirmed.


Summaries of

Anderson v. United States

United States Court of Appeals, Ninth Circuit
Mar 5, 1958
253 F.2d 419 (9th Cir. 1958)
Case details for

Anderson v. United States

Case Details

Full title:Jauris ANDERSON, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 5, 1958

Citations

253 F.2d 419 (9th Cir. 1958)

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