United States v. Heinze
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts, which involve the validity.of an indictment for misapplication of funds of a national bank under § 5209, Rev. Stat., are stated in the opinion. A brief prepared by the late Solicitor General, Mr. Lloyd W. Bowers, was filed for the United States.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts, which involve the validity.of an indictment for misapplication of funds of a national bank under § 5209, Rev. Stat., are stated in the opinion. A brief prepared by the late Solicitor General, Mr. Lloyd W. Bowers, was filed for the United States. No wrongfuLaet or purpose-on the. part of any other person than the indicted bank officer or agent himself is essential to the offense of willful misapplication of the bank’s funds under Rev. Stat., § 5209. Evans v. United States, 153 U. S. 584, 593, 594;…
1Opinion of the CourtJustice McKenna
This is a writ of error directed to review the ruling of the Circuit Court upon a demurrer to an indictment agáinst defendant in error.
The indictment contains sixteen counts, charging him with willful .misapplication of funds of the Mercantile National Bank of New York city, in violation of § 5209 of the Revised. Statutes. The demurrer was- sustained as to fifteen counts;-and the United States has brought the case here by virtue of the act of March 2, 1907, e. 2564, providing for writs of .error in certain instances in criminal cases, among which instances is a decision or judgment sustaining…
2Cases cited8 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- Evans v. United StatesSupreme Court of the United States · 1894
- Reetz v. MichiganSupreme Court of the United States · 1903
- United States v. BrittonSupreme Court of the United States · 1883
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
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3Cited by35 opinions
- United States v. PattenSupreme Court of the United States · 1913
- Bagdonas v. Liberty Land & Investment Co.Illinois Supreme Court · 1923
- United States v. Anita G. WhitlockCourt of Appeals for the D.C. Circuit · 1980
- United States v. James Dock MitchellCourt of Appeals for the Eighth Circuit · 1970
- Commonwealth v. WheelerSuperior Court of Pennsylvania · 1963
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