State v. Burlingame
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Joseph D. Perkins, Judge. (1) A prosecution, conviction and sentence for the receiving of a bank deposit during the period of insolvency, is a bar to other prosecutions for acts occurring during the same period.
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Appeal from Jasper Circuit Court. — Hon. Joseph D. Perkins, Judge. (1) A prosecution, conviction and sentence for the receiving of a bank deposit during the period of insolvency, is a bar to other prosecutions for acts occurring during the same period. Comm. v. RockafeUow, 2 Lackawana Legal News, 338. (2) The reception of deposits by a banker, during a given period of insolvency, is to be deemed and taken as but a single continuing offense, like that of embezzlement, by a servant or clerk, during a given period, or a prosecution for adultery or bigamy — there can be no conviction, on a date,…
1Opinion of the CourtBurgess, J.
Defendant was indicted in the crimina] court of Greene county for receiving from Graham & Son, a firm doing business in the city of Springfield, a deposit of $260 in money, into the Bank of Commerce located in said county, of which he was at the time president, knowing at the time that the bank was insolvent or in failing circumstances.
The indictment is in two counts, in the first of which defendant is charged with having received the deposit as president of'the bank, and in the second count with assenting thereto, knowing at the time that the bank was insolvent and in failing circumstances.
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2Cases cited3 opinions
- State v. BillingsSupreme Court of Missouri · 1897
- Hoffmann v. Hoffmann'sSupreme Court of Missouri · 1895
- State v. WillisSupreme Court of Missouri · 1894
3Cited by25 opinions
- State v. SpraySupreme Court of Missouri · 1903
- State v. PotelloUtah Supreme Court · 1911
- Parrish v. CommonwealthCourt of Appeals of Kentucky · 1909
- Bushman v. BushmanSupreme Court of Missouri · 1925
- State v. DarrahSupreme Court of Missouri · 1899
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