State v. Krasher

• Decision Date: 31 January 1908
• Docket Number: No. 21,063.,21,063.
• Citation: 170 Ind. 43,83 N.E. 498
• Parties: STATE v. KRASHER et al.
• Court: Indiana Supreme Court

170 Ind. 43

83 N.E. 498

STATE

v.KRASHER et al.

No. 21,063.

Supreme Court of Indiana.

Jan. 31, 1908.

Appeal from Circuit Court, Wabash County; A. H. Plummer Judge.

Daniel Krasher and another were indicted for violating the state banking law, and from an order quashing the indictment, the state appeals. Affirmed.F. G. Carpenter, Jas. Bingham, Alexander G. Cavins, Edward M. White, and Henry M. Dowling, for the State. Warren G. Sayre, I. E. Gingerick, and W. F. McNagney, for appellees.

GILLETT, J.

The state appeals in this case to procure a reversal of an order quashing an indictment against the appellees. The body of the indictment is as follows: “The grand jury of the county of Wabash upon their oath do present that on the 6th day of June, 1904, at the county of Wabash and state of Indiana, one Daniel Krasher and Dayton C. Harter, who were then and there persons doing a banking business at the town of North Manchester, as president and cashier, respectively, of a banking company organized as a copartnership for the purpose of and doing a banking business in said county and state, under the firm name and style of the ‘Bank of North Manchester,’ did then and there, as such president and cashier aforesaid, of said bank aforesaid, unlawfully, feloniously, and fraudulently receive from one Edward P. Hartman, who was not then and there indebted to said bank aforesaid, its president, cashier, or any member thereof, as such, the sum of forty dollars in money, of the value of forty dollars, on deposit in said bank, the said money then and there deposited was transferable by delivery and was the property of the said Edward P. Hartman. The said bank, at the time the said Daniel Krasher and Dayton C. Harter so received said money on deposit as aforesaid, was then and there insolvent, as the said Daniel Krasher and Dayton C. Harter then and there well knew, whereby the said money so deposited as aforesaid was then and there lost to the said Edward P. Hartman, the depositor as aforesaid, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of Indiana. And the grand jury aforesaid, upon their oath aforesaid, do further present that on the 6th day of June, 1904, at the county of Wabash and state of Indiana, one Daniel Krasher and Dayton C. Harter were then and there persons engaged as president and cashier of a banking company organized as a copartnership for the purpose of and was doing a banking business at the town of North Manchester, then and there situate, under the firm name and style of the ‘Bank of North Manchester,’ did then and there unlawfully, feloniously, and fraudulently receive from one Edward P. Hartman, who was not then and there indebted to said bank aforesaid, the sum of forty dollars, in money, of the value of forty dollars, on deposit in said bank, the said money then and there deposited was transferable by delivery, and was the property of the said Edward P. Hartman. The said bank, as such, was, and the copartners composing said banking company were, at the time the said Daniel Krasher and Dayton C. Harter so received said money on deposit as aforesaid, then and there insolvent, as the said Daniel Krasher and Dayton C. Harter then and there well knew, by reason of which said insolvency the money so deposited as aforesaid was then and there and thereby lost to the said Edward P. Hartman, the depositor as aforesaid, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of Indiana.” The statute governing the offense charged is as follows: “If any banker, or broker, or person or persons doing a banking business, or any officer of any banking company, or incorporated bank doing business in this state, shall fraudulently receive from any person or persons, firm, company, or...