Evans v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Plaintiff in error, who was a director in the Spring Garden National Bank, was indicted for an alleged violation of Devised Statutes, § 5209, which reads as follows: “Every president, director, cashier, teller, clerk, or agent of any . association, who embezzles, abstracts, or wilfully misapplies any of the moneys, funds, or credits of the association; . . . with intent, in either…
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Plaintiff in error, who was a director in the Spring Garden National Bank, was indicted for an alleged violation of Devised Statutes, § 5209, which reads as follows: “Every president, director, cashier, teller, clerk, or agent of any . association, who embezzles, abstracts, or wilfully misapplies any of the moneys, funds, or credits of the association; . . . with intent, in either case, to injure or defraud the association or any other company, body politic or corporate, ‘or any individual person, '. .…
1Opinion of the CourtJustice Brown
*587This case involves the sufficiency of an indictment for the wilful misapplication of the funds of a national bank, in violation of section 5209 of the Revised Statutes.
A rule of criminal pleading, which at one time obtained in some of the circuits, and perhaps received a qualified sanction from this court in United States v. Mills, 7 Pet. 138, that an indictment for a statutory misdemeanor is sufficient, if the offence be charged in the words of the statute, must, under more recent decisions, be limited to cases where-'the words of the statute themselves, as was said by this court in United…
2Cases cited14 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Pettibone v. United StatesSupreme Court of the United States · 1893
- United States v. CarllSupreme Court of the United States · 1882
- United States v. HessSupreme Court of the United States · 1888
- United States v. CookSupreme Court of the United States · 1872
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3Cited by303 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Durland v. United StatesSupreme Court of the United States · 1896
- Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
- Ledbetter v. United StatesSupreme Court of the United States · 1898
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