Page:Federal Reporter, 1st Series, Volume 9.djvu/158

 united- 'states ». y^jobeees. 143 �United States v. Voorhees. �{Gireuii Court, B. New Jersey. 1881.) �1. National Bank— Intbnt to Dbpraud—Stati7te8— Construction — Punotua- �TION. ' �Under section 5209 of the Revised Statutes of the United States, an intent to defraud the association, or other compiiny or person, is an essential element of the crime in every case. The words, " with intent in eitlier case to injure or defraud," etc., apply as well to embezzlement, etc., of tho funds, as to the making false entries in the books. �The punctuation of a statute is not made to he relied on, and must be disre- garded if It requires a construction which is repugnant to a sense of juiatice. �This was a motion to quash the indictment found agaiust the defendant, as president of the First National Bank of Hackensack, under section 5209 bf the Revised Statutes. The first count charges that the defendant did embezzle^ abstract, and wilfully misapply cer- tain funds and credits of the bank of the value of $5,000. �The second is in the same form, except that it specifies the partic- Ular stocks abstracted. Neither count alleges any intent. �It'was moved to quash the first count because it was too general in its terms, and both counts because no intent is alleged. The seqtion is as follows: �"Sec. 5209. Eveiy president, director, casbier, teller, clerk, or agent of any association, who embezzles, abstractS; onvilfully misappliea any of the raoneys, funds, or credits of the association; or who, without authority from the directors, issues or puts in circulation any of the notes of the association; or who, without such authority, issues or puts forth any certificate of . deposit, draWs any order or bill of exchange, makes any acceptance, assigna any note, bond, draft, bill of exchange, mortgage, jtidgment, or decree; or who makes any false entry in any book, report, or statement to the association, with intent, in either case, to injure or defraud the association or any other com- •pany, body politie or corporate, or any individuel person, or to deceive any «flficer of the association, or any agent appointed to examine the afCairs of any ^uch association ; and every person who with llke intent aids or abets any oflS- cer, clerk, or agent in any violation of this section, — shall be deemed guiltyof a misdemeanor, and shall be imprisoned not leas than flve years nor morethan ten." �Joseph D. Bcdle, for the motion. �A, Q. Keasbey, U. S. Atty., contra. �McKennan, C. J., announoed -the Opinion of the count. He said that as to the first count the object of more specifie allegations was to give the defendant full and fair information as to the charge, and to be a bar against another proseeution. It has been usual in this district to hold indictments like this, in the words of the statute, to ��� �