Skarda v. State
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District ; Eugene Lankford, Judge; 1. The indictment does not charge any offense under Kirby’s Dig., § 1814. It is fatally defective.
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Appeal from Prairie Circuit Court, Southern District ; Eugene Lankford, Judge; 1. The indictment does not charge any offense under Kirby’s Dig., § 1814. It is fatally defective. Penal .statutes are strictly construed and the language of the indictments must .state facts, within the terms of the statute. 90 Ark. 1; 49 So. 615; 107 N. W. 927; 32 Atl. 617; 57-N. E. 109; 58 Ark. 35-38; 50 N. E. 106, etc. 2'. There is variance between the indictment and proof. 91 Ark. 1; 50 N. E. 106; 13 Ark. 62; 29 Id. 299; 34 Id. 160; 96 Id. 63; 70 Id. 144; 73 Id. 169; 55 Id. 242-389; 62 Id. 516; 102 Id. 513; 60…
1Opinion of the CourtSmith, J.
Appellant was convicted for accepting money for deposit in a bank of which he was the cashier when he knew the bank was insolvent.
The prosecution was had under section 1814 of Kirby’s Digest, which reads as follows :
“No bank shall accept or receive on deposit, with or without interest, any money, bank'bills or notes, or United States treasury notes, gold or silver certificates, or currency, or other notes, bills or drafts, circulating as money or currency, when .such bank is insolvent; and any officer, director, cashier, manager, member, party or managing party of any bank who shall knowingly…
2Cases cited11 opinions
- Ellis v. StateWisconsin Supreme Court · 1909
- State v. WeltyWashington Supreme Court · 1911
- State v. SalmonSupreme Court of Missouri · 1909
- State v. ShoveWisconsin Supreme Court · 1897
- State v. WarnerSupreme Court of Kansas · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Messenger v. Carroll Trust & Savings BankSupreme Court of Iowa · 1922
- Darragh Co. v. GoodmanSupreme Court of Arkansas · 1916
- State v. ThompsonSupreme Court of Missouri · 1933
- Gurley v. StateSupreme Court of Arkansas · 1923
- Appelget v. StateCourt of Criminal Appeals of Oklahoma · 1926
11 more not listed; retrieve them via the Exa API.