Sturdivant v. State

The prosecution in this case is brought under section 3403 of the Code of 1928, and not under section 3968. Under this prosecution the element of fraudulent intent does not enter into the issues. If, being an individual banker, officer, or manager of an incorporated bank or individual banker, he receives a deposit for such bank, knowing or having good reason to believe at the time such deposit is made that such bank or individual banker is insolvent or in a failing condition, the defendant would be guilty under section 3408, supra, either of a misdemeanor or a felony, depending upon the…