United States v. George Stever

Decision Date04 December 1911
Docket NumberNo. 448,448
PartiesUNITED STATES, Plff. in Err., v. GEORGE F. STEVER, J. B. Stever, and Harry I. Ball
CourtU.S. Supreme Court

Assistant Attorney General Harr for plaintiff in error.

Messrs. W. M. Smith and J. S. McKemey for defendants in error.

Mr. Justice Lurton delivered the opinion of the court:

This is a writ of error to review a judgment quashing an indictment, as not stating an offense triable in the western district of Kentucky. The indictment contained two counts. The first is drawn to bring the offense within § 3894, Revised Statutes (U. S. Comp. Stat. 1901, p. 2659), as amended, and the second is based upon § 5480, Revised Statutes (U. S. Comp. Stat. 1901, p. 3696), and is for a conspir- acy to commit the offense charged in the first count. The government now concedes that the latter count states no offense within western district of Kentucky, and withdraws the assignments of error relating to the judgment quashing it.

The count to be considered charges, in substance, that the defendants, on April 20, 1908, in the state of Iowa, devised a certain scheme for the purpose of obtaining money, etc., 'by and under false pretenses,' from various persons, among others, certain persons named, residing at Colesburg, within the jurisdiction of the court, to be effected by means of the United States mail, through correspondence with them. The scheme, summarily stated, was to be effected by inducing persons who should read their advertisements offering high grade cattle for sale, to open correspondence with them. That then the defendants were, through the mail, to make false and fraudulent representations as to the character of the cattle they offered for sale, and thereby induce such correspondents to come and inspect the cattle at Fairfield, Iowa, and that after a sale of cattle so inspected, were to substitute inferior cattle in the place of those inspected and sold. It is then averred that defendants succeeded in opening up correspondence with certain persons at Colesburg, Kentucky, and that in furtherance of said scheme, and for the purpose of obtaining money under false pretenses, they, the defendants, on April 20, 1908, 'unlawfully did knowingly and fraudulently deposit and cause to be deposited in the mail, . . . at Fairfield, Iowa, and did then and there knowingly cause to be sent by said mail of the United States a certain letter to be conveyed and delivered by said mail of the United States at Colesburg, in the state of Kentucky, and in the western district thereof,' to be delivered to persons there addressed and residing, which letter was calculated to accomplish the scheme intended, and which said letter the defendants are charged as 'having caused to be delivered by mail to the person addressed.'

For convenience we set out in the margin §§ 3894 and 5480, Revised Statutes, as amended.

Sec. 3894. No letter, postal card, or circular concerning any lottery, so-called gift concern, or other similar enterprise offering prizes dependent upon lot or chance, or concerning schemes devised for the purpose of obtaining money or property under false pretenses, and no list of the drawings at any lottery or similar scheme, and no lottery ticket or part thereof, and no check, draft, bill, money, postal note, or money order for the purchase of any ticket, tickets, or part thereof, or of any share or any chance in any such lottery or gift enterprise, shall be carried in the mail or delivered at or through any postoffice or branch thereof, or by any letter carrier, nor shall any newspaper, circular, pamphlet or publication of any kind containing any advertisement of any lottery or gift enterprise of any kind offering prizes dependent upon lot or chance, or containing any list of prizes awarded at the drawings of any such lottery or gift enterprise, whether said list is of any part or of all of the drawing, be carried in the mail or delivered by any postmaster or letter carrier. Any person who shall knowingly deposit or cause to be deposited, or who shall knowingly send or or cause to be sent, anything to be conveyed or delivered by mail in violation of this section, or who shall knowingly cause to be delivered by mail anything herein forbidden to be carried by mail, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment for each offense. Any person violating any of the provisions of this section may be proceeded against by information or indictment, and tried and punished, either in the district at which the unlawful publication was mailed, or to which it is carried by mail for delivery according to the direction thereon, or at which it is caused to be delivered by mail to the person to whom it is addressed.

Sec. 5480. If any person, having devised, or intending to devise, any scheme or artifice to defraud, or to sell, dispose of, loan, exchange, alter, give away, or distribute, supply, or furnish, or procure for unlawful use any counterfeit or spurious coin, bank notes, paper money, or any obligation or security of the United States, or of any state, territory, municipality, company, corporation, or...

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