Ex parte Hoese

Petitioners were held to answer upon a criminal charge of having, as officers of a state bank, made an excessive loan to a corporation in violation of section 8980, Rev. Code 1919, as amended by chapter 114, 'Laws 1923. The basis of this habeas corpus proceeding is that the complaint does not charge the commission of a public offense. The solution of the question depends wholly upon an interpretation of the statute.

As it appeared in the Code, said' section 8980 read (italics ours) :

“No individual, firm or corporation transacting a banking business in this state shall loan to any corporation,…