In re Wight
134 U.S. 136 (1890)

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U.S. Supreme Court

In re Wight, 134 U.S. 136 (1890)

In re Wight

No. 1521

Argued and submitted January 10, 1890

Decided March 3, 1890

134 U.S. 136

Syllabus

When it is found by a circuit court of the United States that the clerk has failed to put in the record an order which was made at the next preceding term of the court remanding a case to the district court, the circuit court may direct such an order to be entered nunc pro tunc.

The writ of habeas corpus cannot be used as a writ of error to inquire into all the errors committed by the court below.

An indictment against a letter carrier of the United States Postal Service

Page 134 U. S. 137

charging that

"he did wrongfully secrete and embezzle a letter which came into his possession in the regular course of his official duties, and which was intended to be carried by a letter carrier, which letter then and there contained five pecuniary obligations and securities of the government of the United States"

is a sufficient charge that the letter embezzled was intended to be carried by a letter carrier of the United States.

In an indictment against a letter carrier for the embezzlement of a letter received by him in his official character to carry and deliver, it is not necessary to aver that "the letter has not been delivered" if an embezzlement of it is charged.

In a proceeding for a habeas corpus to release from confinement a letter carrier charged with embezzling letters delivered to him for carriage, this Court will not inquire into the motives with which the letter was put into the mail, even though the object was to detect or entrap the party into criminal practices.

This was a petition for a writ of habeas corpus. The writ was refused in the court below, and the petitioner appealed. The case is stated in the opinion.

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