Moore v. United States (160 U.S. 268)

Plaintiff in error, late assistant postmaster of the city of Mobile, was indicted and convicted of embezzling certain moneys of the United States, to the amount of $1,652.59.

There were four counts in the indictment, to one of which a demurrer was sustained, and upon two others defendant was acquitted. The fourth count, upon which he was convicted, charged that 'the said George S. Moore, being then and there an assistant, clerk, or employ e in or connected with the business or operations of the United States post office in the city of Mobile, in the state of Alabama, did embezzle the sum of sixteen hundred and fifty-two and 59/100 dollars ($1,652.59), money of the United States, of the value of sixteen hundred and fifty-two and 59/100 dollars ($1,652.59), the said money being the personal property of the United States.'

Moore, having been sentenced to imprisonment at hard labor, sued out this writ of error.

M. D. Wickersham and W. H. McIntosh, for plaintiff in error.

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

Mr. Justice BROWN delivered the opinion of the court.