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UNITED STATES v. WILLIS

No. 74-1834.

515 F.2d 798 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Delois WILLIS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 12, 1975.

Attorney(s) appearing for the Case

Marvin A. Brusman and Julius L. Sherwin, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., Gary L. Starkman and Thomas K. McQueen, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before HASTINGS, Senior Circuit Judge, and STEVENS and TONE, Circuit Judges.

STEVENS, Circuit Judge.

Appellant was found guilty of embezzling two packages which had come into her possession as a mail handler in the Postal Service.1 By motion in arrest of judgment she attacked the sufficiency of the indictment because it did not expressly allege that she acted with felonious intent.2 The district court held that the word "embezzle" necessarily embraced the element of willfulness, and...

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