169 F. 620 | 9th Cir. | 1909
(after stating the facts as above). The plaintiff in error contends that there was no evidence to go to the jury to show that Mrs.' Dabney relied upon the representations of the plaintiff in error that he was an officer of the United States in extending credit to him and loaning him money, and that the evidence shows, on the other hand, that the credit was given and money was loaned on other considerations, especially upon consideration of the
The only remaining question in the case which requires discussion is whether or not the facts proven constitute the offense which is defined injthe statute which reads as follows:
“That every person who, with intent to defraud either the United States or any person, falsely assumes or pretends to be an officer or employé acting under the authority of the United States, or any department or any officer of the government thereof, and who shall take upon himself to act as such, or who shall in such pretended character demand or obtain from any person or from the United States, or any department or any officer of the government thereof, any money, paper document, or other valuable thing, shall be deemed guilty,” etc.
The plaintiff in error, if guilty, is to be held so for violation of the latter clause of the statute, in that “in such pretended character” he obtained money or credit, or both, from Mrs. Dabney. The statute is so worded as to suggest the inquiry whether or not it was the intention of Congress to limit the wrongful act to the extortion of money or property from another by way of asserting a claim for money or property due or owing the United States which, in his pretended official capacity, the accused represents that it is his duty to collect. The language used is comprehensive enough, we think, to show that it was the intention to include the false impersonation of an officer of the United States for the purpose of obtaining money “from any person,” and that the gist of the offense is not the demanding or obtaining of the money or other thing of value of another. If it were, there might be doubt whether the act, although done with crim-'
The judgment is affirmed.