Kubo
Kubo v. United States
Opinion
Lead Opinion
Rudkin, J.
This is a writ of error to review a judgment of conviction under section 194 of the Criminal Code (18 USCA § 317). So far as deemed material to our present inquiry, that section declares that whoever shall steal, take, or abstract, or by fraud or deception obtain, from or out of any mail, post office, or station thereof, or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag or mail, or whoever shall buy, receive, or conceal, or aid in buying, receiving, or concealing, or shall unlawfully have in his possession, any letter, postal card, package, bag or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as therein provided, shall be guilty of an offense. The indictment in this ease charged that the plaintiff in error did knowingly, unlawfully, and feloniously buy, receive, and conceal a package which had been in the United States mail, in the custody of a mail messenger, which said package had been taken from the mail before it had been delivered to the person to whom it was directed. The sufficiency of the indictment is the only question presented for our…