United States v. Raymond J. Berryhill

Defendant Berryhill was convicted in a court trial of three counts of a thirteen count indictment, Counts III, VI and XIII. He was sentenced to five years under Count III. Concurrent five year sentences were imposed under Counts VI and XIII, ordered to run consecutively with the Count III sentence but with execution suspended and probation for five years.

Count III charged defendant with the unlawful possession on February 16, 1967, in Los Angeles County of the contents of a letter stolen from the mail which had been mailed by one Kenje Kawa in a collection box at Shenandoah and Reynier Streets, Los Angeles, California, defendant knowing that the contents of the letter had been stolen.

Defendant contends that the evidence was insufficient to support the conviction; specifically that there was inadequate proof of mailing and that the contents of the letter had been stolen from the mail.

Mr. Kawa testified that on February 14, 1967, he was paying bills and wrote fourteen checks which were placed in sealed, stamped envelopes addressed to the respective creditors. He used a date stamp on the checks. He inadvertently tore an extra blank check form (Ex. 1) from his check book and…