Legal Opinion

Flower v. United States

Court of Appeals for the Fifth Circuit

Decided June 2, 1902No. 1,153PublishedCited by 31 opinions

In Error to the Circuit Court of the United States for the Eastern District of Louisiana.

1Opinion of the Court

McCORMIC'K, Circuit Judge.

Samuel Flower, the plaintiff in error, was indicted on May 20, 1901, for that, being paying teller of the Hibernia National Bank, he did on May 8, 1901, embezzle $36,-000 of its moneys and funds, and on April 15th of the same year did abstract, take, carry, and send away $36,000 of other moneys and funds belonging to said bank. While, in conformity to strict pleading, the money charged to have been abstracted is described as “other” than that embezzled, both counts refer to, and are intended to cover, one and the same transaction. Flower in due course having been…

2Cases cited2 opinions

  1. Isaacs v. United StatesSupreme Court of the United States · 1895
  2. People v. BadgleyNew York Supreme Court · 1836

3Cited by31 opinions

  1. Forte v. United StatesCourt of Appeals for the D.C. Circuit · 1937
  2. Daeche v. United StatesCourt of Appeals for the Second Circuit · 1918
  3. State v. CopeSupreme Court of North Carolina · 1954
  4. Naftzger v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  5. Messel v. StateIndiana Supreme Court · 1911

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