Batchelor v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA. The defendant, Harry E. Batchelor, was indicted on section 5209 of the Revised Statutes, for wilfully misapplying the moneys, funds and credits of a national bank of which he was the president and a director and agent, and was found guilty by the jury upon the second count, which was as follows: “And the grand jurors aforesaid, upon their oaths and affirmations aforesaid, do further find and present…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA. The defendant, Harry E. Batchelor, was indicted on section 5209 of the Revised Statutes, for wilfully misapplying the moneys, funds and credits of a national bank of which he was the president and a director and agent, and was found guilty by the jury upon the second count, which was as follows: “And the grand jurors aforesaid, upon their oaths and affirmations aforesaid, do further find and present that the said Harry F. Batchelor, on the first day of January, 1891, and at divert times and dates between January 1,…
1Opinion of the CourtJustice Gray
By the statute on which the defendant was indicted and convicted, “ every president, director, cashier, teller, clerk, or agent of any [national banking] association, who embezzles, abstracts, or wilfully misapplies any of the moneys, funds or credits of the association,” “shall be deemed guilty of a. misdemeanor, and shall be imprisoned not less than five years nor more than ten.” Rev. Stat. § 5209.
By the settled rules of criminal pleading, and by the previous decisions of this court, the words “ wilfully inisapplies,” having no settled technical meaning, (such as the word “ embezzle” has in…
2Cases cited3 opinions
- Evans v. United StatesSupreme Court of the United States · 1894
- United States v. BrittonSupreme Court of the United States · 1883
- United States v. NorthwaySupreme Court of the United States · 1887
3Cited by55 opinions
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- Lockhart v. United StatesSupreme Court of the United States · 2016
- Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
- J. W. Williamson, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1964
- United States v. David S. King, United States of America v. Stanley E. Deal, M. D.Court of Appeals for the Ninth Circuit · 1978
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