Legal Opinion

State v. Eifert

Supreme Court of Iowa

Decided December 12, 1895PublishedCited by 10 opinions

Appeal from Bremer District Court. — How. P. W. Burr, Judge. The defendant was indicted and convicted of fraudulent banking, and sentenced to be confined in the state penitentiary for two years and six months, and to pay costs. He appeals. — The indictment does not in a specific or other manner aver or state whom the money alleged to have been deposited belonged to, or who was the owner of the same, or who was entitled to the possession of said money.

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Appeal from Bremer District Court. — How. P. W. Burr, Judge. The defendant was indicted and convicted of fraudulent banking, and sentenced to be confined in the state penitentiary for two years and six months, and to pay costs. He appeals. — The indictment does not in a specific or other manner aver or state whom the money alleged to have been deposited belonged to, or who was the owner of the same, or who was entitled to the possession of said money. State v. McConhey, 20 Iowa, 576; 1 Wharton, Crim. L., sections 250, 251; 2 Wharton, Crim. L., section 2006; Davis v. Commonwealth, 80 Pa. 421;…

1Opinion of the CourtKinne, J.

*1931 *1942 *192I. The indictment charges the defendant with the crime of fraudulent banking, committed as follows: “The said Henry Eifert, on the fifteenth day of August, in the year of our Lord one thousand eight hundred and ninety-three, in the county aforesaid being then and there engaged in the banking and deposit business, under the name and style of Bank of Tripoli, and then and there being insolvent, and well knowing himself to be insolvent, did knowingly accept and *193receive from C. H. Mohling a deposit in his banking and deposit business, the sum of one hundred dollars, consisting of gold and…

2Cases cited3 opinions

  1. Bailey v. BaileySupreme Court of Iowa · 1895
  2. Strong v. Iowa Central Railway Co.Supreme Court of Iowa · 1895
  3. State v. WickliffSupreme Court of Iowa · 1895

3Cited by10 opinions

  1. Wallace v. StateSupreme Court of Florida · 1899
  2. Coblentz v. StateCourt of Appeals of Maryland · 1933
  3. Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
  4. State v. CarmeanSupreme Court of Iowa · 1905
  5. State v. RutledgeSupreme Court of Iowa · 1907

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