State v. Wells
Supreme Court of Missouri
Appeal'from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The defendant being charged with receiving deposits in the Willow Springs Bank of Howell county, Missouri, as its cashier, knowing at the time of so receiving that the bank was insolvent and in failing circumstances, the state is held to strict proof of the charge as laid in the indictment, and the proof that another received is a total failure of proof. State v. West, 21 Mo.
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Appeal'from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The defendant being charged with receiving deposits in the Willow Springs Bank of Howell county, Missouri, as its cashier, knowing at the time of so receiving that the bank was insolvent and in failing circumstances, the state is held to strict proof of the charge as laid in the indictment, and the proof that another received is a total failure of proof. State v. West, 21 Mo. App. 309; State v. Batson, 31 Mo. 343; State v. Clawson, 30 Mo. App. 139; Wharton, Cr. Law [5 Ed.], secs. 616, 617, 618, 619. (2) The section of the…
1Opinion of the CourtGantt, P. J.
The defendant, Ebb T. Wells, was indicted in the Howell circuit court for receiving, as cashier of the Willow Springs Bank, a deposit of $50 of and from W. L. Kilpatrick on March 29, 1895, knowing at the time that said bank was insolvent and in failing circumstances.'
On the trial it was shown beyond controversy by the state that the defendant was not in the bank at the time the deposit was received, but on the contrary it was received and accepted by another employee of the bank by the name of Ein Downs, a bookkeeper in the employment of the bank.
The records of the bank, which was shown to be…
2Cases cited3 opinions
- State v. SattleySupreme Court of Missouri · 1895
- State v. BatsonSupreme Court of Missouri · 1861
- State v. WestMissouri Court of Appeals · 1886
3Cited by7 opinions
- Ex parte RickeyNevada Supreme Court · 1909
- McClure v. PeopleSupreme Court of Colorado · 1900
- State v. WarnerSupreme Court of Kansas · 1898
- Fleming v. StateCourt of Criminal Appeals of Texas · 1911
- Fleming v. StateCourt of Criminal Appeals of Texas · 1911
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