State Ex Rel. Boone v. Tullock

Relator was indicted by a grand jury of Fergus county,, charged with having, as president of a certain bank, permitted it, while insolvent, to accept a deposit of money and place the same in the general assets of the bank, instead of in a trust fund for the depositor as required by law. Relator was taken into custody under a bench warrant; he is before this court on a writ of habeas corpus, the return to which admits his detention and seeks justification under the bench warrant.

The indictment is predicated upon section 6081, Revised Codes of 1921, as amended by Chapter 90, section 3, of the…