United States v. Claude Emmett Lee

Claude Emmett Lee was indicted in two counts for violation of 18 U.S.C. Section 641 , theft of property, and Section 914, false impersonation. He was given two five-year concurrent sentences, and appeals his conviction. We affirm.

Late in January 1970 appellant entered a San Francisco jewelry store and attempted to purchase a ring with a United States Treasury check. The check bore the name of James R. Cox, 3133-16th Street, San Francisco, California, as payee. It was dated January 27, 1970 in the amount of $646.20. The clerk at the counter referred the appellant to the credit manager, who asked for identification. The only items of identification offered were a Pacific Gas & Electric utility bill and its accompanying return envelope. The credit manager of the store refused to cash the check or to return it. Appellant left the store leaving the check, utility bill and their respective envelopes in the possession of the credit manager. These were then turned over to the police.

Investigation disclosed that the payee of the treasury check was James R. Cox, who had previously resided at the 3133-16th Street address, Apartment No. 4, but moved from there about January 1, 1970. He…