Legal Opinion

United States v. Breese

District Court, W.D. North Carolina

Decided July 15, 1904PublishedCited by 18 opinions

Indictment under Rev. St. § 5209 [U. S. Comp. St. 1901, p. 3497]. On charge to the jury. > The defendant, William E. Breese, was president and director of the First National Bank of Asheville, N. C., and was indicted for violation of section 5209, Rev. St. The indictment contained 66 counts, and charged the defendant with embezzlement, abstraction, and willful misapplication of the moneys, funds, and credits of the bank.

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Indictment under Rev. St. § 5209 [U. S. Comp. St. 1901, p. 3497]. On charge to the jury. > The defendant, William E. Breese, was president and director of the First National Bank of Asheville, N. C., and was indicted for violation of section 5209, Rev. St. The indictment contained 66 counts, and charged the defendant with embezzlement, abstraction, and willful misapplication of the moneys, funds, and credits of the bank. Defendant was found guilty of abstraction and willful misapplication.

1Opinion of the CourtKedeer, District Judge

(orally charging jury). Gentlemen of the jury, when I assumed the position that I now hold, I took upon myself a solemn obligation to the effect that I would administer justice without respect to persons, and do equal right to the poor and to the rich, and that I would faithfully and impartially discharge all the duties incumbent upon me, according to the best of my ability and understanding, agreeably to the Constitution and laws of the Únited States. It is with a reverent spirit, and with the idea of fulfilling that obligation to the best of my ability, that I approach this last and most…

2Cases cited4 opinions

  1. Coffin v. United StatesSupreme Court of the United States · 1895
  2. Wood v. United StatesSupreme Court of the United States · 1842
  3. Wilson v. United StatesSupreme Court of the United States · 1893
  4. United States v. HarperUnited States Circuit Court · 1887

3Cited by18 opinions

  1. Brown v. BullockDistrict Court, S.D. New York · 1961
  2. J. W. Williamson, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1964
  3. Kettenbach v. United StatesCourt of Appeals for the Ninth Circuit · 1913
  4. State v. O'NeilIdaho Supreme Court · 1913
  5. Sutherland v. United StatesCourt of Appeals for the Fourth Circuit · 1937

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