United States v. Young
District Court, M.D. Alabama
Criminal Prosecution under Rev. St. § 5209 [U. S. Comp. St. 1901, p. 3497]. On'demurrers to indictment. The indictment originally contained 46 counts. The government, being required to elect by the court, nol prossed all but 12 of the counts. These remaining 12 counts charge the making of false entries, under section 5209 of the Revised Statutes [U. S. Comp.
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Criminal Prosecution under Rev. St. § 5209 [U. S. Comp. St. 1901, p. 3497]. On'demurrers to indictment. The indictment originally contained 46 counts. The government, being required to elect by the court, nol prossed all but 12 of the counts. These remaining 12 counts charge the making of false entries, under section 5209 of the Revised Statutes [U. S. Comp. St. 1901, p. 3497], They refer to different items and entries, made on the books of the bank in different capacities, sometimes as teller and sometimes as cashier. They sometimes charge the entries were made with intent to defraud the…
1Opinion of the Court
JONES,. District Judge
(after stating the facts as above). The gravamen of all the counts, stripped of legal phraseology, is that the cashier or teller, as the case may be, made false - entries on the books of the aggregate of his “cash items,” by including therein a particular *113item, based upon paper which was “worthless, valueless and fraudulent,” and known to be so at the time of the entry, etc., with intent to deceive, etc. Does such an entry constitute a false entry, within the meaning of section 5209 of the Revised Statutes? If the entry was not false within the meaning of the section, it…
2Cases cited4 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- United States v. BrittonSupreme Court of the United States · 1883
- Coffin v. United StatesSupreme Court of the United States · 1896
- Graves v. United StatesSupreme Court of the United States · 1897
3Cited by12 opinions
- Mitchell v. CommonwealthSupreme Court of Virginia · 1925
- Cravens v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- John Wayne Meredith v. United StatesCourt of Appeals for the Fourth Circuit · 1956
- Fed. Sec. L. Rep. P 96,910 United States of America v. Harold Erickson and Francis WilsonCourt of Appeals for the Seventh Circuit · 1979
- Cooper v. United StatesCourt of Appeals for the Fourth Circuit · 1926
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