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United States v. Titus

64 F. Supp. 55 (1946)

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United States v. Titus

United States District Court for the District of New Jersey
64 F. Supp. 55 (1946)

CS

Facts

Harry Titus (defendant) was employed as the manager of a post exchange on an army base. On four occasions, Titus took cartons of cigarettes from the exchange with the intention of selling them off of the base for his own profit. In the first three cases, Titus sold the cartons to a cigar store for more than the exchange would have charged. Titus later placed what would have been the exchange’s sale price for the cigarettes in the exchange cash register, and kept the overage profit for himself. On the fourth occasion, Titus was apprehended by the base’s military police as he was leaving the base with the cigarettes. Titus was charged with four counts of embezzlement. Titus claimed as a defense that he had not defrauded the government in the first three cases because he had repaid the value of the cigarettes, and that he had intended to repay the value in the fourth case.

Rule of Law

Issue

Holding and Reasoning (Forman, J.)

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