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HUEBNER v. UNITED STATES

No. 5098.

28 F.2d 929 (1928)

HUEBNER v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

November 10, 1928.

Attorney(s) appearing for the Case

Daniel H. Wasserman, of Cleveland, Ohio, for plaintiff in error.

D. C. Van Buren, Asst. U. S. Atty., of Cleveland, Ohio (A. E. Bernsteen, U. S. Atty., of Cleveland, Ohio, on the brief), for the United States.

Before DENISON and MOORMAN, Circuit Judges, and HICKENLOOPER, District Judge.

DENISON, Circuit Judge.

Huebner was convicted of violating section 194 of the Criminal Code of March 4, 1909, being section 317, tit. 18, U. S. C. (18 USCA, § 317). The jury found that he took from a certain box a letter which did not belong to him and which had been put into the box by the mail carrier on his delivery rounds; and the question presented is whether this box was the "other authorized depository for mail matter" contemplated by that section. The...

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