State v. Menke

The opinion of the court was delivered.by

Johnston, ■).:

In an indictment containing two counts, it was charged that, in October, 1893, 0. H. *78Menke, as cashier of The Hutchinson National Bank, feloniously received deposits when the bank was in failing circumstances, and while it was in an insolvent condition. A motion to quash the indictment was made, and, among other grounds, it was alleged that the statutes under which the indictment was filed had no application to officers of a national bank, and that the acts charged to have been committed were not a violation of any statute of the state.…