State v. Bardwell
Mississippi Supreme Court
Feom tbe circuit court of Oktibbeha county. PIoN. Newñan Gayce, Judge. Appeal by the state. The facts are stated in the opinion. 1. There is a large class of criminal acts which violate both federal and state laws, and there is another class as to which the jurisdiction is concurrent except where congress has acted. The federal statute has not made the act in question a criminal offense, therefore defendant is punishable under the state law. See Bish. Grim.
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Feom tbe circuit court of Oktibbeha county. PIoN. Newñan Gayce, Judge. Appeal by the state. The facts are stated in the opinion. 1. There is a large class of criminal acts which violate both federal and state laws, and there is another class as to which the jurisdiction is concurrent except where congress has acted. The federal statute has not made the act in question a criminal offense, therefore defendant is punishable under the state law. See Bish. Grim. L., § 178, and authorities cited. Although congress has regulated the coin and currency and defines offenses against the statutes…
1Opinion of the CourtCooper, C. J.
The appellant was indicted in the circuit court of Oktibbeha county, for that, being cashier of the First National Bank of Starkville, he did, on the third clay of July, 1893, receive from one James Foster a certain sum of money on deposit, “then and there knowing, and having good reason to believe, that said bank was then and there insolvent, without then and there, or at any other time previously, informing said James Foster of such insolvent condition of said bank. ’ ’
The defendant demurred to the indictment, and his demurrer was sustained and the indictment quashed. The state appeals.
The…
2Cases cited4 opinions
- Commonwealth v. TenneyMassachusetts Supreme Judicial Court · 1867
- People v. WhiteCalifornia Supreme Court · 1867
- Commonwealth v. FeltonMassachusetts Supreme Judicial Court · 1869
- People v. FondaMichigan Supreme Court · 1886
3Cited by8 opinions
- Pearson v. StateMississippi Supreme Court · 1963
- Southern Railway Co. v. Railroad CommissionIndiana Supreme Court · 1913
- State v. NeedhamMississippi Supreme Court · 1938
- State v. Southern Railway Co. in MississippiMississippi Supreme Court · 1916
- Stapleton v. StateMississippi Supreme Court · 1922
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