Allis v. United States

On May 13, 1893, the grand jury of the United States for the Western division of the Eastern district of Arkansas presented an indictment against Horace G. Allis under section 5209 of the Revised Statutes. This section, so far as is material to this case, reads as follows:

'Every president * * * of any association * * * who makes any false entry in any book * * * of the association * * * with intent * * * to injure or defraud the association or any other company, body politic or corporate, or any individual person, or to deceive any officer of the association, or any agent appointed to examine the affairs of any such association * * * shall be deemed guilty,' etc.

The indictment consisted of 25 counts. The defendant pleaded not guilty, and the case came on for trial on November 27, 1893. This trial resulted in a verdict of guilty on the fourteenth count, upon which verdict the defendant was sentenced to imprisonment for the term of five years. The particular charge in that count was the making of an entry in February, 1892, on the books of the First National Bank of Little Rock, of which defendant was the president, of the sum of $50,000 to the credit of his individual account. To reverse the judgment and sentence against him, the defendant sued out a writ of error from this court.

John R. Dos Passos, A. H. Garland, and Thos. B. Martin, for plaintiff in error.

Asst. Atty. Gen. Conrad, for the United States.

Mr. Justice BREWER delivered the opinion of the court.