Manley v. State

Atkinson, J.,

dissenting. 1. The indictment was drawn under section 28 of article 20 of the banking act approved August 16, 1919 (Acts 1919, pp. 135-219). That section declares: “Every insolvency of a bank shall be deemed fraudulent, and the president and directors shall be severally punished by imprisonment and labor in the penitentiary for not less than one (1) year nor longer than ten (10) years; provided, that the defendant in a case arising under this section, may repel the presumption of fraud by showing that the affairs of the bank have been fairly and legally administered, and…