Breese v. United States
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of North Carolina, at Asheville; William T. Newman, Judge. William E. Breese and another were convicted of conspiracy to embezzle and misapply the funds and credits of the First National Bank of Asheville, N. C., and they bring error.
1Opinion of the Court
McDOWELL, District Judge.
On October 5, 1897, an indictment was found charging Wm. E. Breese, Joseph E. Dickerson, and Wm. H. Penland (who was not tried) with conspiracy to embezzle, abstract, ánd willfully misapply the funds and credits of the First National Bank of Asheville, N. C. Sections 5209 and 5440, Rev. Stats. U. S. (U. S. Comp. St. 1901, pp. 3497, 3676). Having saved to themselves by force of an agreed order the right to plead not guilty, without thereby waiving the right to subsequently raise objections to the,indictment, the defendants on the date last mentioned pleaded not guilty.…
2Cases cited44 opinions
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