United States v. Carl H. Wiggenhorn

JERTBERG, Circuit Judge.

This case arises upon an appeal taken by the United States of America from an order of the district court granting the motion of Carl H. Wiggenhorn, appellee, to dismiss Counts One, Two, Three and Four contained in an indictment in which appellee was charged with willful1 misapplication of bank funds, in violation of 18 U.S.C. § 656, and from a later order of the district court denying appellant’s motion to vacate the earlier order dismissing said Counts One, Two, Three and Four.

Title 18 U.S.C. § 656, in relevant part, provides:

“Whoever, being an officer, director,…