New v. State

ON MOTION FOR REHEARING

LATTIMORE, Judge.

Responding to the motion for rehearing filed by the State, we have again carefully reviewed the record to see if there be facts to support the conclusion that appellant acquired from Rasmussen (hereinafter referred to as R) any money, — as is charged in the indictment. We find in the record a resolution, agreed to by all the directors of the Dundee bank, and signed also by R, of date March 25, 1933, agreeing and directing that all the money then on hand in said bank should be paid out to depositors, paying in full all such depositors save two, one of…