State v. Gregory

*318*317— I. In 1917, defendant established a private bank, known as the Cottage Grove Bank, located in the city of Des Moines. He conducted the bank until April 25, 1921, when *318lie closed its' doors, and made a general assign-7 ° ment to one Clyde B. Fletcher. On November 4, J 7 1921, defendant was indicted by the grand jury of Polk County, Iowa, for receiving deposits while insolvent. The indictment charged:

“The said J. W. Gregory, on or about the 23d day of April, 1921, in the county of Polk, in the state of Iowa, did willfully, unlawfully, and feloniously, while engaged in the banking,…