James Vernon Ward v. United States

Appellant was indicted on four counts, tried and found guilty on each. Count I charged him with a conspiracy to steal government income tax refund checks from the United States mail and to forge and cash them; 18 U.S.C. § 1708 ; 18 U.S.C. §§ 371 , 494, 495. Count II charged the substantive offense of stealing from the United States mail on February 24, 1962; Count III with having such stolen checks in his possession on February 24, 1962; and Count IV with having stolen one specific check from the mails on that date.

Thirty-four other counts against seven defendants contained in the same indictment did not concern defendant Ward, and are of no concern to this appeal. Ward was sentenced to five years, con currently, on Counts I and IV, and to five years, concurrent to each other (but consecutive to the sentence on Counts I and IV), on Counts II and III.

There is but one real point involved in this appeal. Was the arrest, personal search, and discovery of Exhibits 22 to 51, inclusive (the government checks) on appellant’s person on February 24, 1962, illegal, and a denial of due process, that made the evidence obtained inadmissible and if that be so, the convictions based thereon…