Bernard S. Garrett and Joseph B. Morris v. United States

GRIFFIN B. BELL, Circuit Judge.

Appellants Garrett and Morris were convicted of willfully misapplying national bank funds insured by the Federal Deposit Insurance Corporation in violation of 18 U.S.C.A. § 656. They were charged in a two-count indictment. The first count alleged a substantive violation of the statute; the second charged a conspiracy to violate the statute in the same manner. They were convicted on both counts and received concurrent sentences.

There are two assignments of error. The first rests on the contention that the indictment was insufficient and thus the court erred in…