Harriet A. Miller v. United States

Appellant was indicted and charged in six counts of causing a check to be transported in interstate commerce with intent to defraud. 18 U.S.C. § 2314 . After various continuances and change of pleas, a jury convicted appellant on all six counts. She was ordered to serve six concurrent sentences of a year and a day, running consecutively to sentences imposed in another case. The court below had jurisdiction, and on timely appeal, so do we. 28 U.S.C. § 1291 .

The facts are not in dispute. Appellant freely admitted cashing six checks locally drawn on the Omaha National Bank of Omaha, Nebraska. She signed the checks “Mrs. Eugene Chase Eppley.”

Harriet A. Miller claimed she had married Mr. Eppley and after his death she thought, under his will, she was entitled to draw the checks. The question before the jury was — did appellant, in good faith and without intent to defraud, believe herself to be the widow at the time she wrote and cashed the checks ?

Robert C. Randel testified he was a Probate Judge and ex-officio clerk of Nemaha County, Kansas. The witness stated he was authorized to perform marriages in Kansas; that he had seen Mrs. Miller; that she made application for a marriage…