United States v. Richard Henry Mitman

Appellant was charged in a five-count indictment with the several violations of 18 U.S.C. § 912 , impersonating an officer or employee of the United States. A jury was waived, and appellant was convicted on four of five counts, i. e., Counts I, II, IV and V. 18 U.S.C. § 912 makes criminal (1) the conduct of one who falsely pretends to be an officer or employee of the United States or any agency, department officer thereof, and acts as such or (2) in such pretended character, demands or obtains any thing of value.

Appellant primarily urges that no intent to defraud was charged against him. He parenthetically urges four alleged errors, but admits the record on appeal does not disclose them, and hence he cannot argue them. [Appellant’s Brief, p. 17] If not disclosed in the record, we of course, cannot pass upon them and do not attempt to do so.

Appellant further urges first, that the indictment as to Counts I and II is insufficient because of failure to allege an intent to defraud, and second, that there was insufficient evidence to support appellant’s conviction on each of the four counts.

It is true no specific intent to defraud was alleged in the indictment in Counts I or II,…