Legal Opinion

Galbreath v. United States

Court of Appeals for the Sixth Circuit

Decided December 8, 1918No. 3130PublishedCited by 38 opinions

In Error to the District Court of the United States for the Western Division of the Southern District of Ohio; John E. Safer, Judge. Elmer E. Galbreath and Charles H. Davis were convicted of violating Rev. St. ,§ 5209 (Comp. St. § 9772), declaring that every president, director, and cashier of any national banking association, who embezzles, abstracts, or misapplies any moneys, or makes any false entries in any book, etc., shall be punished, and they bring error.

1Opinion of the Court

WESTENHAVER, District Judge.

Plaintiffs in error, referred to herein for convenience as defendants, were jointly iñdieted April 10, 1913, for alleged violation of section 5209, Revised Statutes of the United States (Comp. St. § 9772), the material parts of which section are copied in the margin.1 The indictment contains 28 counts, and a general verdict of guilty was rendered upon all of them, and each defendant sentenced to imprisonment for a term of 7% years. This proceeding is to reverse that judgment.

The transactions upon which the several counts of the indictment are based cover a period…

2Cases cited17 opinions

  1. Claassen v. United StatesSupreme Court of the United States · 1891
  2. Burton v. DriggsSupreme Court of the United States · 1874
  3. Greer v. United StatesSupreme Court of the United States · 1918
  4. Wilson v. United StatesCourt of Appeals for the Second Circuit · 1911
  5. United States v. HarperUnited States Circuit Court · 1887

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3Cited by38 opinions

  1. United States v. Joseph CovelloCourt of Appeals for the Second Circuit · 1969
  2. Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
  3. United States v. Howard Ross and Paul GordonCourt of Appeals for the Second Circuit · 1963
  4. Hartzell v. United StatesCourt of Appeals for the Eighth Circuit · 1934
  5. United States v. Richard H. Gens, United States of America v. Anthony W. Carleton, United States of America v. Richard T. PorterCourt of Appeals for the First Circuit · 1974

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