United States v. Armond Gaylord Oliphant

OPINION.

Oliphant appeals his conviction, after jury trial, of one count of mail theft, in violation of 18 U.S.C. § 1708 . He contends on appeal that the district court improperly admitted evidence as to his “prior misconduct” and improperly instructed the jury on the culpability of one who aids and abets in the commission of a felony. We affirm.

The mail was taken on August 4, 1973, from a letter carrier’s truck in Sacramento, California. One of the residences on his route was that of Mrs. Margaret Coupe, and an envelope containing her bank statement and cancelled checks, mailed to her a day or two before, was never received by her. She did, however, receive a telephone call from a man who, by subterfuge, obtained her maiden name and place of birth, and shortly thereafter a woman, using this information, obtained counter checks from Mrs.' Coupe’s bank. The next day $2000 in travelers checks was purchased with a check drawn on Mrs. Coupe’s account but, needless to say, without her knowledge or consent.

We set forth some of the evidence so that the claims of error that are made can be viewed in a more complete framework. There was evidence before the jury that appellant’s…