Byram v. United States
Byram v. United States
Opinion of the Court
delivered the opinion of the Court:
The court did not err in refusing the requested instructions to the jury to acquit the defendant. It is settled law that it makes no difference with respect to the duty of the carrier, when a letter comes into his possession in the course of his official employment, whether it he genuine or a decoy, or have a fictitious address. The opening, detention, destruction, or the embezzlement of the contents of either kind of letter is equally punishable. Goode v. United States, 159 U. S. 663, 671, 40 L. ed. 297, 301, 16 Sup. Ct. Rep. 136; Hall v. United States, 168 U. S. 632, 637, 42 L. ed. 607, 609, 18 Sup. Ct. Rep. 237; Scott v. United States, 172 U. S. 343, 347, 43 L. ed. 471, 473, 19 Sup. Ct. Rep. 209.
Conceding this general rule in respect of decoy letters with or without fictitious addresses, that have been deposited in the mail for the sole purpose of attempting the detection of suspected criminality, it is contended, on behalf of the appellant, that the letter in this case constitutes an exception, because it bears the pretended postmark of a fictitious postoffice.
It does not appear from the facts recited that there was no such postoffice as “Hutchinson, Kentucky.” But assuming that
The judgment must be affirmed; and it is so ordered.
Affirmed.
Reference
- Full Case Name
- BYRAM v. UNITED STATES
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Criminal Law; Evidence; Decoy Letters. It makes no difference with respect to the duty of a letter carrier in the employment of the United States, when a letter comes into his hands in the course of his official employment, whether it be genuine, or a decoy letter, or have a fictitious address, err whether it bears the • pretended postmark of a fictitious postoffice. The opening, detention, destruction, or the embezzlement of the contents of either kind of letter is equally punishable.