Page:Federal Reporter, 1st Series, Volume 10.djvu/481

 UNITED STATES V. JONES. e69 �removal from the county or state, but it does not seem to me that the exist- ence of that poliey, any more than in case of removal for crime, should abro- gate that on which the decision of the principal case is attempted to be founded. The same reply may be made to the argument of the reviewer, that the decision of the principal case would abolish the rule that the accept- ance of an incompatible office operates as a resignation of the first. And if the rule of the common law, that all offlcers were to hold until their successors were qualified, never obtained in Tennessee, and was, therefore, not restored by the constitution, it only, it seems to me, amounts to saying it was ordained \yj the clause construed. E. S. H. ���United States ». Jones.* (Oireuit Court, 8. D. New York. January 23, 1882.) �1. Crimiuai, Law— Infobmation dndeb Section 5480 of thb Revibbd Btat- �UTRS — SCHEME TO DeFBAUD. �Th<- sending through the mail of a letter calculated to induce the purchase of coiinterfeit money at a low priee, for the purpose of putting it ofl as good money, constitutes an oflence such as is created by section 5480, Rev. St., notwithstanding the absence of evidence showing an intention to defraud any particuiar person. �2. Samb — Same— Corpus Delicti— Admissions by Dependant. �The. gist of the offence is the abuse of the mail. The mailing of the letter and the letter itself, showing its unlawful character, constitute the cm-pus delieti. That defendant was the sender, may be proved by his admissions to that ellect. �3. Same— Same— Evidence as to Handwuitino. �It is not allowable to permit the jury to inspect a copy of such letter, made by the accused in their presence, for the purpose of comparing the handwrit- ing. To allow this would be to permit the accused to make evidence for him- sell. Nor can the evidence of an expert, not proven to be acquainted with the handwriting of the accused, be received as to wliether such letter and copy ■were in the same handwriting. �4. Same- Evidence of Handwriting— State Statute. �The statute of a state permitting a comparison of writinga for the purpose of determining handwriting, bas no effiect upon criminal proceodings in the courts ol the United States. �Motion for New Trial. �Bbnedict, D. J. The accused was tried upon an information framed under section 5480 of the Revised Statutes. Having been convicted he now moves for a new trial. One ground of the applica- tion is that the evidence failed to make out an offence such as is deseribed in section 5480. The evidence was, and the jury undef^ �*Rcporied by S. Nelson White, Esq., of the New Yorlc bar. ��� �