United States v. Sheridan, 329 U.S. 379 (1946)

United States v. Sheridan

No. 53

Argued November 12, 13, 1946
Decided December 23, 1946
329 U.S. 379

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. A person who cashes in one State a forged check drawn on a bank in another State, knowing it to have been forged and that it would be forwarded across state lines to the drawee bank, and the check actually being so forwarded, is guilty of a violation of § 3 of the National Stolen Property Act, which forbids any person to "cause to be transported in interstate . . . commerce" any forged check "with unlawful or fraudulent intent." Karl v. United States, 323 U.S. 88, distinguished. Pp. 381-391.

2. Proof that a defendant cashed certain checks, receiving cash, goods or services, that they were drawn on a bank in another State, that they were forwarded to the drawee bank for payment, that they purported to be signed by an agent of the Government, that the Government had no such agent, and that the checks were returned unpaid and marked "no account," held sufficient to sustain a conviction for fraudulently causing the transportation in interstate commerce of forged checks, knowing them to have been forged, in violation of § 3 of the National Stolen Property Act. Pp. 391-392.

3. Since the Circuit Court of Appeals, having reversed the conviction on other grounds, did not pass upon respondent’s contention that certain evidence was inadmissible, the case is remanded for consideration of that question. Pp. 391-393.

4. The record contains neither the instructions given nor the rulings on instructions requested. In the circumstances of this case, taking any corrective action in order to obtain a complete record may be left to the judgment of the Circuit Court of Appeals upon the remand. Pp. 392-393.

152 F.2d 57 reversed.

Respondent was convicted of a violation of § 3 of the National Stolen Property Act. The Circuit Court of Appeals reversed. 152 F.2d 57. This Court granted certiorari. 328 U.S. 829. Reversed, p. 393.