Stewart v. State
Mississippi Supreme Court
From the circuit, court of Jackson county. Hon. William H. Hardy, Judge. Stewart, appellant, was indicted, tried and convicted for receiving as an officer of a bank a deposit into the bank, knowing or having good reason to believe the bank insolvent, without informing the depositor of its condition; a crime under Code 1906, § 1169. He was sentenced to the penitentiary for a term of five years, and appealed to the supreme court.
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From the circuit, court of Jackson county. Hon. William H. Hardy, Judge. Stewart, appellant, was indicted, tried and convicted for receiving as an officer of a bank a deposit into the bank, knowing or having good reason to believe the bank insolvent, without informing the depositor of its condition; a crime under Code 1906, § 1169. He was sentenced to the penitentiary for a term of five years, and appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. The sixth instruction for the state is vicious. The statute is, if appellant received the deposit,…
1Opinion of the CourtSmith, J.
The appellant was convicted in the court below upon an indictment charging that as cashier of a certain bank he received a deposit, knowing, or having good reason to believe, that said bank was insolvent, without informing the depositor' thereof. The sixth instruction given the jury at the request of the state is as follows: “The court instructs the jury, for the state, that *633even though they may believe the defendant, at the timé he may have received the deposit, did not know or have good reason to believe that the Scranton State 'Biank was then and there insolvent, yet if they believe that…
2Cases cited1 opinion
- State v. DunningSupreme Court of Iowa · 1906
3Cited by9 opinions
- Nicholson on Behalf of Gollott v. StateMississippi Supreme Court · 1996
- State v. TraylorMississippi Supreme Court · 1911
- State v. AllenMississippi Supreme Court · 1987
- Francis v. StateMississippi Supreme Court · 1929
- State v. LoveMississippi Supreme Court · 1933
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