Michael Allen McCowan v. United States

Michael Allen McCowan appeals from his conviction on both counts of a two-count indictment charging offenses involving United States mail. The first count charged that, on or about October 21, 1964, McCowan obtained from the Van Nuys, California post office, by fraud and deception, a package addressed to Joan Ansel, Rockville, Maryland, in violation of 18 U.S.C. § 1708 (1964). The second count charged that, on or about the same date, he opened a package addressed to Joan Ansel with the design to obstruct her correspondence, which package had previously been in the Van Nuys post office, in violation of 18 U.S.C. § 1702 (1964). The sentences imposed on the two counts run concurrently.

McCowan contends that the trial court erred in denying his motions for judg ment of acquittal because the evidence was not sufficient to support the jury verdict on either count. He argues that, under the evidence, he was the sender of the package in question, and that with the surrender of the package to him as the sender, the post office lost all authority and power over it. Therefore, McCowan argues, if he committed any fraud or crime in connection with the receipt and opening of the package, the…