The document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes that the defendant sought to arrest judgment on the first three counts of a multi-count indictment for theft from the mails, arguing they failed to allege he committed the acts with felonious intent. The district court overruled the motion and imposed a sentence. The Fourth Circuit affirmed the district court's denial of the motion for arrest of judgment in a brief per curiam opinion.
The document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes that the defendant sought to arrest judgment on the first three counts of a multi-count indictment for theft from the mails, arguing they failed to allege he committed the acts with felonious intent. The district court overruled the motion and imposed a sentence. The Fourth Circuit affirmed the district court's denial of the motion for arrest of judgment in a brief per curiam opinion.
The document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes that the defendant sought to arrest judgment on the first three counts of a multi-count indictment for theft from the mails, arguing they failed to allege he committed the acts with felonious intent. The district court overruled the motion and imposed a sentence. The Fourth Circuit affirmed the district court's denial of the motion for arrest of judgment in a brief per curiam opinion.
Fourth Circuit. Argued June 5, 1972. Decided June 13, 1972.
Daniel H. Honemann, Baltimore, Md. (Court-appointed counsel), for
appellant. Jean G. Rogers, Asst. U. S. Atty. (George Beall, U. S. Atty., on brief) for appellee. Before BOREMAN, Senior Circuit Judge, and WINTER and RUSSELL, Circuit Judges. PER CURIAM:
Defendant sought to arrest judgment on the first three counts of a mulitcount
indictment alleging a violation of 18 U.S. C.A. Sec. 1709 (theft from the mails), on the ground that they were fatally defective for failure to allege that defendant committed the acts with felonious intent. The district court 349 F.Supp. 1112, overruled the motion and imposed sentence; defendant appeals.
We affirm on the Memorandum and Order of the district court denying the motion for arrest of judgment.
United States of America Ex Rel. Edward C. Behm v. Harry E. Russell, Superintendent State Correctional Institution, Huntingdon, Pennsylvania, 371 F.2d 1016, 3rd Cir. (1967)
United States of America Ex Rel. James W. Rogers v. Hon. J. Edwin Lavallee, Superintendent, Clinton Correctional Facility, Dannemora, New York, 463 F.2d 185, 2d Cir. (1972)