United States v. Donald Thompson

Donald Thompson, after a jury trial, was adjudged guilty of forging the name of a payee on a United States treasury check, in violation of 18 U.S.C. § 495 . He appeals.

It is not denied that Thompson, in July 1977, took a treasury check payable to one Olden Howard, signed Howard’s name on the back of the check, and cashed the check at a bank. At trial, Thompson claimed that he cashed the check with Howard’s permission. Howard testified that Thompson lacked such permission. Howard further testified that Thompson had told him he would pay Howard the amount of the check if Howard went to see Thompson’s lawyer. Howard went to the lawyer and signed an affidavit in which it was stated that Howard was Thompson’s uncle; that Thompson had Howard’s permission to receive and cash the check; and that Thompson had performed this service before July 1977 at Howard’s request because Howard has difficulty hearing and writing.

At trial Howard testified that he understood the affidavit to be the way the charges against Thompson, who had been Howard’s roommate, could be dropped and Howard could get the full amount of the check. Howard also testified that the aforementioned statements in the…