Monroe B. Harris v. United States

A jury found the appellant guilty of the offense of breaking into a building used as a post office, in violation of Section 2115, Title 18 U.S.C.A. Upon imposition of sentence, a timely appeal was filed in this Court.

The original indictment charged the appellant Monroe B. Harris, one Thomas B. Venters and one George W. Jack, with the commission of the offense. At the commencement of the jury trial, on motion of counsel for the United States, the indictment was dismissed as to the defendant Thomas B. Venters and he was charged by information of the offense of having received stolen property with knowledge that the same had been stolen. Without objection on the part of the appellant, the trial court consolidated for trial the offense charged in the indictment and the offense charged in the information. At the conclusion of the testimony, on motion of counsel for the United States, the charge in the indictment was dismissed as to the defendant George W. Jack on the ground of insufficiency of the evidence, and a judgment of acquittal was entered as to that defendant. The jury returned its verdict finding the appellant guilty of the offense charged in the indictment, and finding the…