State v. Ostby

Appellant was the sole owner of an unorganized bank, which he operated under the name and style of the Farmers & Merchants Bank of Miller. On the 15th of March, 1924, he was indicted by the grand jury of Hancock County, charged with the crime of fraudulent banking, the particular charge being that, on or about the 24th day of January, 1924, he received from one Anderson a deposit in' the sum of $12.12, at a time when the said bank and the said appellant were insolvent, and when appellant knew said bank to be insolvent. ' •

I. When the first witness for the State was called, and after testimony…