United States v. Sheridan (329 U.S. 379)
U.S. Supreme Court · decided December 23, 1946 · Supreme Court Database (Spaeth)
- Citation
- 329 U.S. 379 · 67 S. Ct. 332
- Docket
- No. 53
- Argued
- November 12, 1946
- Decided
- December 23, 1946
- Term
- October Term 1946
- Vote
- 7–2
- Majority author
- Justice Rutledge
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Justice Burton, Justice R. H. Jackson, Justice Frankfurter, Justice Reed, Justice Black, Justice Rutledge (wrote), Justice Murphy
- Dissenting
- Chief Justice Vinson, Justice Douglas
Opinion excerpt
MR. Justice Rutledge delivered the opinion of the Court. Sheridan was indicted on three counts for having violated § 3 of the National Stolen Property Act, as amended, 48 Stat. 794, 53 Stat, 1178,18 U. S. C. §§ 413-419. A jury found him guilty on all counts. On the authority of Kann v. United States, 323 U. S. 88, the Circuit Court of Appeals for the Sixth Circuit reversed the conviction. 152 F. 2d 57. Because of doubt as to the applicability of the Kann case, we granted certiorari. 328 U. S. 829. Each count charged that Sheridan, with fraudulent intent, caused the transportation in interstate commerce of a specified forged check, knowing it to have been forged. The proof offered to support these counts showed that on July 19, 1943, in Jackson, Michigan, Sheridan cashed three checks, receiving for them either cash or cash and hotel service or goods. Two, which were made the basis of counts one and two, were drawn on a bank in Cape Girardeau, Missouri, were payable to the order of “P. H. D. Sheridan,” and purported to be drawn by “U. S. E. F. C. 14A A. J. Davis, Commissioner.” As will be seen, it is not necessary to consider the third count, involving the other check. From the endorsements it was clear that each check had been cashed by or deposited in banks at Jackson, Michigan. They forwarded the two checks drawn on the Missouri bank to it for payment. Both were marked “no…
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