People v. Mancuso

Omitting a clause, concededly unconstitutional in part, the provisions of section 297 of the Penal Law, pertinent to this inquiry, are as follows: “ Every director of a moneyed corporation who: 1. In case of the fraudulent insolvency of such corporation, shall have participated in such fraud, * * * is guilty of a misdemeanor, if no other punishment is prescribed therefor by law.” Are the words “ fraudulent ” and “ fraud,” in the connection in which they are used, sufficient to define the acts sought to be made criminal?

The law has been thus stated: “ And a statute which either forbids or…