United States v. John Robert Emler

570 F.2d 584

• Court: Court of Appeals for the Sixth Circuit
• Decided: March 20, 1978
• Docket: 77-5182
• Status: Published

Opinions

ORDER

On receipt and consideration of an appeal in the above-styled case wherein appellant was convicted for interstate transportation of forged or counterfeit securities under 18 U.S.C. § 2314 (1970); and

Noting that the sole appellate issue is an attack upon the sufficiency of the indictment which did not squarely use the statutory language referring to “unlawful or fraudulent intent”; and

Further noting the grand jury indictment did, however, allege that defendant “did transport and cause to be transported in interstate commerce ... a falsely made and forged security, that is, a bank check, knowing the same to be falsely made and forged . . . ”; and

Believing that the quoted language from the indictment, plus the citation of the statute itself, namely, 18 U.S.C. § 2314 (1970), was ample to charge the offense concerned and the required criminal intent, see generally United States v. Dickerson, 337 F.2d 343 (6th Cir. 1964),

Now, therefore, the judgment of the District Court is affirmed.