Show smitro judgment affirmed the judgment in the ewe case of this the U united cited states appellant s john W smith respondent ent was ras affirmed smith was indicted for taking from the salt B i take lake city postoffice post office letter intended for one james W smith addressed to J W smith and converting to his hl own t use URO a draft for tai contained in tho the letter the defendant demurred murril dr to la the 1 indictment on the ground that it omitted i led to charge that th tb taking of 0 the let itt tor ter from the post postoffice po offIce was wrongful and felonious the demurrer was dug t tolled by judge bartell and the prose I 1 ri aution appealed the th united ste stairs tes at torney admitted that to constitute tho the ou of feuse coBe the taking must he be wrongful wron Bul and unlawful but contend j ed that the subsequent embezzlement is it the evidence that tho the taking was f elon f laus was wrongful Tons ful was wail unlawful 1 the supreme court differing from this i view mia ya it to li impossible to under I 1 stand land how counsel reconciles reconcile the views view I 1 I 1 1 I 1 expressed pre aed that the taking must bo be un darul and felon folon loun lotin but that the in Clet cleament ment ID ia without charging that bat it t was wag unlawful and felonious clon felon loun lous the word vorda characterizing tho the embezzlement as unlawful tul fraudulent and felonious cannot by any rules huloa of 0 grammatical construction or any canon of interpretation to tion relate back to tile tho word take in the indictment anti and impre 1 it I vath tile criminal character r implied by the tl W words unlawful fud and felon felonious lous 1 ivhon it t la is A that in order to constitute the offense tenso ot the must be of 0 a wrongful mid and unlawful character then such word mut must be incorporated d in tile the indictment the vord ord taka as clearly import it 0 felonious u a hm ful and taking takane av think k there cin can be no question ou catlon as aa to the meaning of the statute referred to to constitute an offense odense under it there must be an unlawful and felonious taking of 0 the letter from tile post office and a wrongful and felonious opening or an a embezzling frati fraudulently bulent and feloniously or an unlawful un lanful and wrongful wron irful destruction thereof to allege a wrongful unlawful and felonious taking falls fall to chaice on an offense tenae of the opinion Is by judge king rind and I 1 li concurred tn in by judges judea mearitt and smith |