Oliver Wendell Holmes, Jr.

“ The judge objected that the charges in the indictment did not follow the language of § 97, but as he went on to consider whether the statute applied to the facts alleged, we shall deal with the latter question. Concerning the sufficiency of the indictment in other aspects, of course, we have nothing to say. ”

“ As pointed out by the government, the court below seems to have overlooked the fact that, except in the sixth count, the defendant is alleged to have been an assistant clerk, not the clerk. Whether it belonged to the United States or to the clerk, the money was not his and the case is within the words just quoted from the act. We confine our decision to the point raised by the assignment of error ”