163 S.E. 594 (N.C. 1932), 275, State v. Cole

Docket Nº:275.
Citation:163 S.E. 594, 202 N.C. 592
Opinion Judge:ADAMS, J.
Party Name:STATE v. COLE.
Attorney:Dennis G. Brummitt, Atty. Gen., and A. A. F. Seawell, Asst. Atty. Gen., for the State. Varser, Lawrence, McIntyre & Henry, of Lumberton, for appellee.
Case Date:April 13, 1932
Court:Supreme Court of North Carolina
 
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Page 594

163 S.E. 594 (N.C. 1932)

202 N.C. 592

STATE

v.

COLE.

No. 275.

Supreme Court of North Carolina

April 13, 1932

Appeal from Superior Court, Robeson County; Barnhill, Judge.

C. E. Cole was indicted under Code 1931, § 224 (e), for alleged false entries in the books of a bank, and, from a judgment sustaining defendant's demurrer to the bill of indictment, the State appeals.

Affirmed.

Page 595

The bill of indictment contains eight counts setting forth respectively the following charges:

(1) That on 8th of October, 1929, the defendant, being assistant cashier of the Bank of Pembroke, unlawfully, willfully, and feloniously made a false entry in the teller's book of said bank as follows, to wit: $3,182.06, against the form of the statute, etc.

(2) That on the same day the defendant, being assistant cashier of said bank, unlawfully, willfully, and feloniously made a false entry of the teller's book of said bank as follows, to wit, $6,148.94, contrary to the form of the statute, etc.

(3) That on the same day the defendant, being assistant cashier of said bank, did unlawfully, willfully, and feloniously make a false entry in the cash book of said bank as follows, to wit: $6,148.90, contrary to the form of the statute, etc.

(4) That on the same day the defendant, being assistant cashier of said bank, unlawfully, willfully, and feloniously made a false entry in the general ledger of said bank, as follows, to wit: $6,148.80, contrary to the form of the statute, etc.

(5) That on 24th of December, 1929, the defendant, being assistant cashier of said bank, unlawfully, willfully, and feloniously made a false entry in the teller's book of said bank as follows, to wit: $12,411.97, contrary to the form of the statute, etc.

(6) That on 24th December, 1929, the defendant, being assistant cashier of said bank, did unlawfully, willfully, and feloniously make a false entry in the cash book in said bank as follows, to wit: $12,426.10, contrary to the form of the statute, etc.

(7) That on 24th December, 1929, the defendant, being assistant cashier of said bank, unlawfully, willfully, and feloniously made a false entry in the general ledger of said bank as follows, to wit: $12,426.10, contrary to the form of the statute, etc.

(8) That on the 24th December, 1929, the defendant, being assistant cashier of said bank, unlawfully, willfully, and feloniously made a false entry in the teller's book of said bank as follows, to wit: $6,233.02, contrary to the form of the statute, etc.

The defendant demurred to the bill of indictment on the following grounds:

Page 596

(1) That the bill of indictment fails to state a crime.

(2) That the bill of indictment fails to allege that the alleged false entries were entries among the transactions of the bank or that the said entries were material to the bank or affected its condition, and fails to allege that the said entries were not immaterial to the conditions or the operations of the bank.

(3) That the said bill of indictment is not sufficient to support a verdict.

(4) That the bill of indictment is not sufficient to protect the defendant against later indictment for the same alleged offense, if acquitted.

(5) That the said bill of indictment, in respect to the allegations as to the alleged false entries, is so indefinite and uncertain as to make the same insufficient, and that the said bill fails to allege the kind or nature of the entries alleged to be false, and fails to allege other facts and circumstances, or that the court, upon inspection of the bill of indictment, can determine that, if proved as alleged, the violation of the statute would be thoroughly constituted.

(6) That it does not appear from the allegations in the said bill of indictment whether the false entries are credits or debits, whether they are material, or whether they in any...

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