State v. Elliott

The opinion of the court was delivered by

Mason, J.:

James H. Elliott appeals from a conviction upon a charge of receiving deposits in a bank of which he was president, knowing it to be insolvent. He contends that his motion to quash the information should have been sustained, because while it alleged that he received deposits at a time when he knew the bank to be insolvent, it did not state the specific conditions which made it insolvent, or constituted its insolvency.

The section of the statute defining the offense forbids an officer of a bank knowingly to receive deposits when the bank is…