Legal Opinion

State v. Rawles

Mississippi Supreme Court

Decided October 15, 1912PublishedCited by 7 opinions

Appeal from the circuit court of Lawrence county. Hon. J. C. Ward, Special Judge. W. R. Rawles and others were indicted for receiving deposits in an insolvent hank. From a judgment sustaining a demurrer to the indictment, the state appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Lawrence county. Hon. J. C. Ward, Special Judge. W. R. Rawles and others were indicted for receiving deposits in an insolvent hank. From a judgment sustaining a demurrer to the indictment, the state appeals. The facts are fully stated in the opinion of the court. The whole question in the case is as to whether or not in the judicial interpretation of section 1169 of the Code of 1906, the word “such” on the fourth line, preceding the word “persons,” upon a fair interpretation of the law can be construed as “other” persons. This statute is the same as section…

1Opinion of the CourtCook, J.

Appellants were indicted for receiving deposits in a bank, of which they were officers and employees, knowing the bank to be insolvent. The trial court sustained a demurrer to the indictment, following State v. Traylor, 100 Miss. 544, 56 South. 521.

This appeal brings before us a review of that case. When this decision was made, a dissenting opinion was filed by Judge Smith. Since then the two judges approving the decision have retired. We thoroughly appreciate the value of the rule, universally approved by courts of last resort, that decisions construing statutes •should never be overruled…

2Cases cited1 opinion

  1. State v. TraylorMississippi Supreme Court · 1911

3Cited by7 opinions

  1. Warring v. ColpoysCourt of Appeals for the D.C. Circuit · 1941
  2. State v. LonginoMississippi Supreme Court · 1915
  3. Garner v. SperryMississippi Supreme Court · 1935
  4. State v. TaylorMississippi Supreme Court · 1914
  5. Love Petroleum Co. v. StoneMississippi Supreme Court · 1939

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