McClure v. People
Supreme Court of Colorado
jError to the District Court of Montezuma County. The defendant (plaintiff in error) was convicted of statutory larceny in that, as president of the Bank of Rico, which was incorporated and doing a general banking business under the laws of the state of Colorado, he received and assented to the reception of a certain deposit in said bank knowing at the time that the institution was then insolvent.
Read the full summary
jError to the District Court of Montezuma County. The defendant (plaintiff in error) was convicted of statutory larceny in that, as president of the Bank of Rico, which was incorporated and doing a general banking business under the laws of the state of Colorado, he received and assented to the reception of a certain deposit in said bank knowing at the time that the institution was then insolvent. The statute on which the information was based declares: “If * * * any president * * * of any * * * bank, or banking institution, * * * shall receive or assent to the reception of any deposit of…
1Opinion of the CourtChief Justice Campbell
The propositions urged by the plaintiff in error and relied upon for a reversal of the judgment may be thus stated: First, the information is double; second, the evidence of the people admitted by the trial court failed to show defendant’s personal knowledge of the insolvency of the bank; and evidence offered by the defendant to show his lack of knowledge *361thereof, and as an excuse for his ignorance, was erroneously rejected.
1. It is strenuously argued by counsel that the receiving of a deposit, in the circumstances named in the statute, is one offense, and the assenting to its reception is…
2Cases cited29 opinions
- State v. BeachIndiana Supreme Court · 1897
- State v. CadwellSupreme Court of Iowa · 1890
- Boldt v. StateWisconsin Supreme Court · 1888
- State v. BuckSupreme Court of Missouri · 1894
- Ben v. StateSupreme Court of Alabama · 1853
24 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Coblentz v. StateCourt of Appeals of Maryland · 1933
- Overland Cotton Mill Co. v. PeopleSupreme Court of Colorado · 1904
- State v. WeltyWashington Supreme Court · 1911
- State v. PowellSupreme Court of Kansas · 1926
- Ex parte RickeyNevada Supreme Court · 1909
12 more not listed; retrieve them via the Exa API.