Jacobs v. State

Appellant was indicted for the crime of banker’s embezzlement, which consists in accepting a deposit when a bank is insolvent. Upon the first trial the jury disagreed. Upon the second trial appellant was convicted.

Error is predicated upon the overruling of a motion for a new trial.

The following instruction was given:

“In determining whether or not the deposit charged to have been made was unlawfully, feloniously and fraudulently received by the defendant, Milton K. Jacobs, it is the law that if such Banking Company was insolvent at the time such deposit was received, and such insolvency was…