United States v. Voorhees
United States Circuit Court
This was a motion to quash the indictment found against the defendant, as president of the First National Bank of Hackensack, under section 5209 of the Bevised Statutes. The first count charges that the defendant did embezzle, abstract, and wilfully misapply certain funds and credits of the bank of the value of $5,000. The second is in the same form, except that it specifies the particular stocks abstracted. Neither count alleges any intent.
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This was a motion to quash the indictment found against the defendant, as president of the First National Bank of Hackensack, under section 5209 of the Bevised Statutes. The first count charges that the defendant did embezzle, abstract, and wilfully misapply certain funds and credits of the bank of the value of $5,000. The second is in the same form, except that it specifies the particular stocks abstracted. Neither count alleges any intent. It was moved to quash the first count because it was too general in its terms, and both counts because no intent is alleged. The section is as follows:…
1Judgment of the CourtMcKennan, C. J.
He-said that as to the first count the object of more specific allegations was to give the defendant full and fair information as to the charge, and to be a bar against another prosecution. It has been usual in this district to hold indictments like this, in the words of the statute, to *144be good, and the object of more definite statements can always be reached by an order for a bill of particulars. As to the second count, it is not subject to this objection, but specifies the funds abstracted. These objections must, therefore, be overruled. The other objection applies to both counts. It…
2Cited by7 opinions
- Sheridan v. United StatesCourt of Appeals for the Ninth Circuit · 1916
- Breese v. United StatesCourt of Appeals for the Fourth Circuit · 1901
- Peck v. United StatesCourt of Appeals for the Seventh Circuit · 1933
- Ex Parte WhitehouseCourt of Criminal Appeals of Oklahoma · 1909
- Williams v. United StatesCourt of Appeals for the Ninth Circuit · 1921
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