Faust v. United States

In the district court of the United States for the the Northern district of Texas the defendant, plaintiff in error, was indicted, December 21, 1893, and subsequently tried, for feloniously embezzling certain money-order funds of the United States. On April 18, 1895, he was found guilty under the second count of the indictment, which alleged that on April 6, 1893, he was assis ant postmaster at Thornton, in the county of Limestone, within the district aforesaid, and as such assistant postmaster had in his possession and control money-order funds to the amount of $400, and did unlawfully and feloniously embezzle and convert the same to his own use. He was sentenced to imprisonment in the penitentiary, and thereupon he applied for and obtained a writ of error from this court.

On the trial the defendant entered a plea of misnomer, as follows:

'And now comes W. J. Foust, in his proper person, who is indicted by the name of W. J. Faust, and having heard the said indictment read, says that he was baptized in the name of W. J. Foust, and by that name always since his baptism hereto has been called and known, and by no other name has he ever been known or called, and this he, the said W. J. Foust, is ready to verify. Wherefore he prays judgment of the said indictment, and that the same may be quashed.'

The court overruled this plea, and the defendant took an exception. At the suggestion of the attorney for the United States the defendant was requested to suggest his true and proper name, in order that it might be inserted in the indictment, and entered on the docket. This the defendant declined to do.

Exceptions were also taken by the defendant to the rejection of certain evidence offered on his behalf, and to the admission of certain evidence introduced by the government, and to the court's refusal to charge the jury as the defendant requested, and to certain portions of the charge which were given.

A. H. Garland and R. C. Garland, for plaintiff in error.

Asst. Atty. Gen. Whitney, for the United States.

Mr. Justice SHIRAS, aster stating the facts in the foregoing language, delivered the opinion of the court.