United States v. Martindale

PHILIPS, District Judge.

The question submitted for decision is as follows: The defendant stands indicted under section 5209 of the *290Revised Statutes of the United States [U. S. Comp. St. 1901, p. 3⅛97], so much of which as is pertinent to the case in hand reads as follows:

“Every president, director, cashier, etc., of any association who embezzles, abstracts or willfully misapplies anj' moneys, funds or credits of the association * * $ shall be deemed guilty of a misdemeanor,” etc.

The indictment, in substantive effect, charges that the defendant, being a director and vice president of the First…