United States v. Josie Mae Brackenridge

Appellant was hired by Celia Marfone as a part-time nurse to care for Mrs. Marfone’s sick husband. The Mariones had recently moved to San Diego from Philadelphia, where they maintained savings accounts at Western Savings Bank and at Philadelphia Savings Fund Society. A week after appellant was hired, Mrs. Marfone discovered that her bank book had been taken from her purse and that a withdrawal had been made on at least one of the accounts.

About the same time, appellant opened accounts at California First Bank with a $14,000 check drawn on the Mariones’ Western Savings account and a $2,500 check drawn on the Philadelphia Savings account. The checks had been procured by withdrawal letters bearing Mrs. Marfone’s forged signature and instructing the banks to send the checks to a National City address at which appellant operated a boutique. Appellant was charged with mail fraud in violation of 18 U.S.C. § 1341 and using a false and fictitious name in a scheme to defraud in violation of 18 U.S.C. § 1342 . A jury found her guilty. We affirm.

Appellant argues that the evidence was not sufficient to permit the jury to conclude that the mails had been used to get the $2500 Philadelphia…