United States v. James Edward Barnes

Barnes appeals from his conviction, by a jury, on six charges arising out of his alleged efforts to forge and utter stolen United States Treasury checks. Two of the counts related to Barnes’ possession of stolen mail (i. e., the checks), in violation of 18 U.S.C. § 1708 . The other four concerned violations of 18 U.S.C. § 495 , two for forging endorsements on the checks, and two for depositing those forged instruments into a bank account. Barnes challenges all six convictions.

Those under section 1708 are attacked on two grounds. First, Barnes contends that the evidence was insufficient. There is no merit to this contention. At trial the prosecution demonstrated, or Barnes conceded, that (1) the checks involved were stolen from the mails between July 1st and 8th, 1971; (2) on July 8, 1971, Barnes deposited the checks in an account opened only a month earlier under the name of “Clarence Smith,” and (3) both the payees’ and “Smith’s” endorsements were written by Barnes. When this evidence is viewed, as it must be, in the light most favorable to the Government, it is more than adequate to sustain the prosecution’s case. The jury could justifiably determine, from his actions, that…