Legal Opinion · Dissent

May v. United States

Court of Appeals for the Ninth Circuit

Decided November 4, 1907No. 1,337Published

In Error to the District Court of the United States for the Eastern Division of the District of Washington. The plaintiff in error, who was the president and managing officer of the Big Bend National Bank of Davenport, Wash., was convicted of violation of certain of the provisions of section 5209 of the Revised Statutes [U. S. Comp. St. 1901, p. 3497] under the fourth, fifth, sixth, and seventh counts of the indictment.

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In Error to the District Court of the United States for the Eastern Division of the District of Washington. The plaintiff in error, who was the president and managing officer of the Big Bend National Bank of Davenport, Wash., was convicted of violation of certain of the provisions of section 5209 of the Revised Statutes [U. S. Comp. St. 1901, p. 3497] under the fourth, fifth, sixth, and seventh counts of the indictment. The offenses charged against him in those counts consisted of an alleged false entry in a report required by section 5211 of the Revised Statutes [U. S. Comp. St. 1901, p.…

1Dissent

ROSS, Circuit Judge.

I dissent. Each of the counts upon which the plaintiff in error was convicted related to the same transaction, and was based upon the provisions of section 5209 of the Revised Statutes [U. S. Comp. St. 1901, p. 3497], which is as follows:

“Sec. 5209. Every president, director, cashier, teller, clerk, or agent of any association, who embezzles, abstracts, or wilfully misapplies any of the moneys, funds, or credits of the association; or who, without authority from the directors, issues or puts in circulation any of the notes of the association; or who, without such…

2Cases cited23 opinions

  1. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  2. Lewis v. United StatesSupreme Court of the United States · 1892
  3. Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
  4. Starr v. United StatesSupreme Court of the United States · 1894
  5. United States v. EatonSupreme Court of the United States · 1892

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