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pointed to examine the banks affairs.46 Counts were held to be bad for duplicity when they described two different entries in different parts of the same book or report, although, it seems, that they were debit and credit entries relating to the same transactions.47

The word "certified" in an indictment, when applied to a bank check, is sufficient without a specification of the words written or printed upon the check.48 The word "certify" as applied to a bank check indicates that certain words have been written or printed thereupon, thereby causing an obligation of the bank to the holder of the same, and that it has passed from the bank's custody into the hands of some other person.40 A count is sufficient which alleges that the defendant, as president of a bank, did then and there on a specified day and place, within the district and jurisdiction of the court, unlawfully, knowingly and wilfully certify a certain check, set forth in full with a description of the members of the firm which signed the same; that the said persons as copartners under the firm name and style, as aforesaid, by whom said check was then and there drawn, as aforesaid, did not then and there, to wit, at the time said check was so certified by said defendant, as aforesaid, have on deposit in said association an amount of money then and there specified in the check, as he, the said defendant, then and there well knew, against the peace and dignity of the said United States and contrary to the form of the statute in such case made and provided.50 Where an officer of a national bank certifies a check thereupon, believing, in good faith, that the drawer has a sufficient deposit, and having reasonable grounds for such belief, he cannot be convicted under the statute, although the drawer's account was, at the time, overdrawn.51 A count is not bad for duplicity because it charges both the certification of a check, when the drawer had not on deposit an amount of money equal to the amount in the check specified, and the certification of a check before the amount thereof had

46 Boone v. U. S., C. C. A., 257 Fed. 963.

47 U. S. v. Morse, 161 Fed. 429, 437.

48 U. S. v. Heinze, 161 Fed. 425.

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49 Ibid.

50 Potter v. U. S., 155 U. S. 438, 39 L. ed. 214.

51 Spurr v. U. S., 174 U. S. 728, 43 L. ed. 1150, 19 Sup. Ct. 812.

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been regularly entered to the credit of the dealer on the books of the banking association.52

The particular act by which the aiding and abetting was consummated need not be set out specifically 53 A charge that the

52 U. S. v. Potter, 56 Fed. 83; U. S. v. Heinze, 161 Fed. 425.

53 Coffin v. U. S., 156 U. S. 432, 448, 39 L. ed. 481, 489.

In that case the following counts were held to be sufficient: 66 'The grand jurors aforesaid, upon their oaths aforesaid, do further charge and present that Theodore P. Haughey, late of said district, at the district aforesaid, on, to wit, the twenty-first day of December, in the year of our Lord one thousand eight hundred and ninetytwo, the said Theodore P. Haughey then and there being president of a certain national banking association, then and there known and desigated as the Indianapolis National Bank, in the city of Indianapolis, in the State of Indiana, which said association had been heretofore created and organized under the laws of the United States of America, and which said association was then and there carrying on a banking business in the city of Indianapolis, State of Indiana, did then and there, by virtue of his said office as president of said bank, unlawfully, feloniously, and wilfully misapply the moneys, funds, and credits of the said association, which were then and there under his control, with intent to convert the same to the use of the Indianapolis Cabinet Company, and to other persons, to the grand jurors unknown, in a large sum, to wit, the sum of six thousand three hundred and eighteen dollars, by then and there causing said sum to be paid out of the

moneys, funds, and credits of said association, upon a check drawn upon said association by the Indianapolis Cabinet Company, which check was then and there cashed and paid out of the moneys, funds, and credits of said association aforesaid, which said sum aforesaid, and no part thereof, was said Indianapolis Cabinet Company entitled to withdraw from said bank, because said company had no funds in said association to his credit. That said Indianapolis Cabinet Company was then and there insolvent as the said Theodore P. Haughey then and there well knew, whereby said sum became lost to said association; that all of said acts as aforesaid were done with intent to injure and defraud said association. That as such president aforesaid, the said Theodore P. Haughey was entrusted and charged by the board of directors of said national banking association with the custody, control and care of the moneys, funds, credits, and assets of said association, and the general superintendence of its affairs. And the grand jurors aforesaid do further say that Francis A. Coffin, Percival D. Coffin, and Albert S. Reed did unlawfully, wilfully, knowingly, and feloniously and with intent to injure and defraud said association, on, to wit, the twenty-first day of December, in the year of our Lord one thousand eight hundred and ninety-two, aid and abet the said Theodore P. Haughey as aforesaid to wrongfully, unlawfully, feloniously, and wilfuly misapply the mon

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president of a bank aided and abetted one, who is alleged to be the cashier, in the misapplication, need not charge that the

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eys, funds, and credits of said association as aforesaid, to wit, the sum of six thousand three hundred and eighteen dollars. . . The grand jurors aforesaid, upon their oaths aforesaid do further charge and present that Theodore P. Haughey, late of said district, at the district aforesaid, on, to wit, the twentythird day of September, in the year of our Lord one thousand eight hundred and ninety-two, the said Theodore P. Haughey, then and there being the president of a certain national banking association, then and there known and designated as the Indianapolis National Bank, in the city of Indianapolis, in the State of Indiana, which said association had been heretofore created and organized under the laws of the United States of America, and which association was then and there carrying on a banking business in the city of Indianapolis, State of Indiana, did then and there, by virtue of his said office as president of said bank, unlawfully, feloniously, and wilfully misapply the moneys, funds, and credits of the said association, without authority of the directors thereof with intent to convert the same to the use of the Indianapolis Cabinet Company and to other persons, to the grand jurors unknown, in a large sum, to wit, the sum of three thousand nine hundred and sixty dollars and eighty-four cents, by then and there paying and causing said sum to be paid out of the moneys, funds, and credits of said association upon certain divers checks drawn upon said association by the Indianapolis Cabinet Com

pany, which checks were then and there cashed and paid out of the moneys, funds, and credits of said association aforesaid, which said sum aforesaid, and no part thereof, was said Indianapolis Cabinet Company entitled to withdraw from said bank, because said company had no funds in said association to its credit. That said Indianapolis Cabinet Company was then and there insolvent as the said Theodore P. Haughey then and there well knew, whereby said sum became lost to said association; that all of said acts as aforesaid were done with intent to injure and defraud said association. That as such president aforesaid, the said Theodore P. Haughey was entrusted and charged by the board of directors of said national banking association, with the custody, control, and care of the moneys, funds, credits, and assets of said association, and the general superintendence of all its affairs. And the grand jurors aforesaid do further say that Francis A. Coffin and Percival B. Coffin and Albert S. Reed at the district and State of Indiana aforesaid did unlawfully, wil fully, knowingly, and feloniously and with intent to injure and defraud said association on, to wit, the twenty-third day of September, in the year of our Lord one thousand eight hundred and ninety-two, aid and abet the said Theodore P. Haughey, as aforesaid, to wrongfully, unlawfully, feloniously, and wilfully misapply the money, funds, and credits of said association, to wit, the sum of three thousand nine hundred and sixty dollars and eigh

president knew that such person was cashier.5

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ty-four cents aforesaid. The grand jurors aforesaid, upon their oaths aforesaid, do further charge and present that Theodore P. Haughey, late of said district aforesaid, on, to wit, the first day of January, in the year of our Lord one thousand eight hundred and ninety-one, and on divers times between said date and the twenty-fifth day of July, in the year of our Lord one thousand eight hundred and ninetythree, the said Theodore P. Haughey then and there being the president of a certain national banking association then and there known and designated as the Indianapolis National Bank of Indianapolis, in the State of Indiana, which said association had been heretofore created and organized under the laws of the United States of America, and which said association was then and there carrying on a banking business in the city of Indianapolis, State of Indiana, did then and there, by virtue of his said office as president of said bank, and without authority of the board of directors, unlawfully, feloniously, and wilfully misapply the moneys, funds, and credits of said association, with intent to convert the same to the use of the Indianapolis Cabinet Company, more particular description of said moneys, funds, and credits being to the grand jurors unknown, in a large amount, to wit, the sum of three hundred and seventy-five thousand dollars, by then and there cashing, discounting, and paying for the use and benefit of said Indianapolis Cabinet Company, out of the funds of said association, a large number of worthless and insolvent notes,

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54 Where an indict

drafts, and bills of exchange being drawn upon and by divers persons, firms, and companies, and corporations, each and all of whom were then insolvent, as the said Theodore P. Haughey then and there well knew, whereby said sum was wholly lost to said association; with intent then and there and thereby to injure and defraud said association. That as such president aforesaid, the said Theodore P. Haughey was entrusted and charged by the board of directors of said national banking association with the custody, control, and care of the funds, credits, and assets of said association, and the general superintendence of its affairs, and agent of said association in the transaction of all its business. And the grand jurors aforesaid do further say that Francis A. Coffin, Percival B. Coffin and Albert S. Reed, at the district and State of Indiana aforesaid, did unlawfully, knowingly, and feloniously and with intent to injure and defraud said association, on, to wit, the first day of January, in the year of our Lord one thousand eight hundred and ninetyone, and on divers times between said date and the twenty-fifth day of July, in the year of our Lord one thousand eight hundred and ninetythree, aid and abet the said Theodore P. Haughey, as aforesaid, to wrongfully, unlawfully, feloniously, and wilfuly misapply the moneys, funds, and credits of said association, to wit, the sum of three hundred and seventy-five thousand dollars aforesaid."

54 U. S. v. Northway, 120 U. S. 327, 30 L. ed. 664.

ment charged a person with aiding or abetting a bank officer in committing an offense by a misapplication of funds of the bank, and each count averred that the person whom the defendant was charged with abetting, misapplied the funds while an officer of the bank, and then averred that the defendant had unlawfully, wilfully, feloniously and knowingly, and with intent to defraud it and abet the said person "as aforesaid," without repeating the fact that the latter was then an officer of the bank; it was held to be sufficient.55 Where an indictment charged "the defendants, Warner and Work, as aiders and abettors of Ferdinand Ward, in a wilful misapplication by Ward of the money of the Marine Bank, of which association Ward was at the time a director," and contained a statement, "that Ward intended that he and Warner and Work should convert to their own use the money in question," but no allegation that such a conversion by Ward was thereafter affected; a demurrer was sustained.56

§ 506a. Indictments for fraudulent use of the mails. In the crime of using the mails to aid in a fraud. The gist of the

55 Coffin v. U. S., 156 U. S. 432, 449, 39 L. ed. 481, 489.

56 U. S. v. Warner, 26 Fed. 616. § 506a. 1 Criminal Code, § 215, U. S. R. S., § 5480, amended, March 2, 1889, c. 393, § 1, 25 Stat. 873. March 4, 1909, c. 321, § 215, 35 Stat. 1130, Comp. St., § 10385.

"Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, bank note, paper money, or any obligation or security of the United States, or of any State, Territory, municipality, company, corporation, or person, or anything represented to be or intimated or held out to be such counterfeit or spurious article, or

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any scheme or artifice to obtain money by or through correspondence, by what is commonly called the 'sawdust swindle,' or 'counterfeitmoney fraud,' or by dealing or pretending to deal in what is commonly called 'green articles,' 'green coin,' 'green goods,' 'bills,' 'paper goods,' 'spurious Treasury notes,' 'United States goods,' 'green cigars,' or any other names or terms intended to be understood as relating to such counterfeit or spurious articles, shall, for the purpose of executing such scheme or artifice or attempting so to do, place, or cause to be placed, any letter, postal card, package, writing, circular, pamphlet, or advertisement, whether addressed to any person residing within or outside the United States, in any postoffice, or station thereof, or street or other letter box of the United States, or authorized depository for mail matter, to be sent or delivered

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