Rufus Wheeler Peckham

“ Without this averment the third count contains every fact necessary to be proved in order to constitute an offense under the second clause of the statute, and the evidence in the case is sufficient to authorize the defendant's conviction upon that count. The character of the offense, as provided by statute, is not changed by this unnecessary averment, nor is the sufficiency of the evidence to sustain a conviction under the third count at all impaired if it be assumed that it did not show that the letter was intended to be delivered by a letter carrier. ”

“ The officers, testified upon cross-examination that the address was a fictitious one, that the letter was des gned as a test letter, and that they 'did not intend that the letter should be delivered to Mrs. ”