Legal Opinion

Stout v. United States

Court of Appeals for the Eighth Circuit

Decided November 15, 1915No. 3900PublishedCited by 26 opinions

In Error to the District Court of the United States for the Western District of Oklahoma; John H. Cotteral, Judge. Alvin H. Stout was convicted of misapplying moneys and credits of a national bank of which he was president, and he brings error.

1Opinion of the Court

HOOK, Circuit Judge.

Stout was convicted and sentenced for misapplying the moneys and credits of the First National Bank of Cherokee, Okl., of which he was president, to the use and benefit of the Cherokee Mill & Elevator Company. Rev. St. § 5209 (Comp. St. 1913, § 9772).

[1] He urges here that the fifth count of the indictment under which alone conviction was had does not charge a public offense. We think it does. In the prolixity of words there is plainly discernible the substance of a charge that the accused, whilst president of the bank and by use of the authority of his position, loaned…

2Cases cited6 opinions

  1. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  2. Hyde v. United StatesSupreme Court of the United States · 1912
  3. McDonald v. PlessSupreme Court of the United States · 1915
  4. Wilson v. United StatesSupreme Court of the United States · 1893
  5. Flickinger v. United StatesCourt of Appeals for the Sixth Circuit · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. United States v. Rex C. Cauble, Individually and Doing Business as Cauble EnterprisesCourt of Appeals for the Fifth Circuit · 1983
  2. United States v. FeinbergCourt of Appeals for the Second Circuit · 1944
  3. United States v. Frank CostelloCourt of Appeals for the Second Circuit · 1955
  4. Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
  5. United States v. BrunoCourt of Appeals for the Second Circuit · 1939

21 more not listed; retrieve them via the Exa API.

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