The State v. Morro
| Decision Date | 26 February 1926 |
| Parties | THE STATE v. RICHARD MORRO, Appellant |
| Court | Missouri Supreme Court |
Appeal from Jackson Circuit Court; Hon. E. E. Porterfield Judge.
Affirmed.
Clarence Wofford and Bert S. Kimbrell for appellant.
(1) The court erred in overruling the demurrer to the evidence offered by the defendant at the conclusion of all of the evidence in the case, for these reasons: (a) The Bank Commissioner was not a person "dealing with" the Corn Exchange Bank within the meaning of Sec. 3438, R. S 1919. Sec. 18, R. S. 1834-5; State v. Kelsey, 89 Mo. 623; State v. Bryant, 90 Mo. 534; State v. Reid, 125 Mo. 43; State v. Schuchmann, 133 Mo. 111; State v. Gritzner, 134 Mo. 512; State v. Howard, 137 Mo. 289; State v. Balch, 178 Mo. 392; State v. Koock, 202 Mo. 223; State v. Bartley, 304 Mo. 58. (b) The register of certificates of deposit was not "delivered, or intended to be delivered," within the meaning of Section 3438. 18 C. J. 476; 2 Words & Phrases, pp. 1958-1970; People's Natl. Bank v. Freeman's Natl. Bank, 169 Mass. 129; Elliott v. Murray, 225 Ill. 107; People v. Young, 237 Ill. 196; State v. Parkel, 185 Mo.App. 70. (c) The register of certificates of deposit was not a "book of accounts" within the meaning of Section 3438. Authorities under (a) and (b). (d) There was no proof that A. G. Barter whose name appears in the alleged false entry, had not deposited the sum of one hundred dollars with the Corn Exchange Bank and was not entitled to a certificate of deposit therefor. (e) There was no proof of the corpus delicti. The crime charged could not be established solely by the extra-judicial admissions and confessions of the defendant. State v. Mullinux, 301 Mo. 385. (f) There was no Bank Commissioner of Missouri in 1923. Laws 1921, p. 394. (2) The court having admitted the evidence of witness Wayland to the effect that the defendant stated he was $ 42,000 short, the court erred in excluding evidence offered by the defendant showing that in the year immediately prior to June 15, 1923, there were six examinations of the books of the bank made, and erred in excluding evidence offered by defendant showing that for a period of two months, after the alleged confession of the defendant, the defendant was handling the cash of the bank and in charge of the cashier's window at the bank with the knowledge and consent of the directors of the bank and of Mr. Wayland, for the reason that the evidence offered impeached the alleged confession and showed that no such confession was made. State v. Powell, 258 Mo. 239.
North T. Gentry, Attorney-General, and Wm. L. Vandeventer , Assistant Attorney-General, for respondent.
(1) Evidence of other drafts followed by false entries were admissible to show the intent with which the act was done and that it was to defraud. State v. Plotner, 283 Mo. 83; State v. Stark, 202 Mo. 222; State v. Minton, 116 Mo. 605; State v. Young, 266 Mo. 723; State v. Hodges, 144 Mo. 50; Comm. v. Russell, 156 Mass. 196. (2) The extra-judicial confessions were corroborated. That can be done by circumstantial evidence as well as by direct evidence. Underhill on Crim. Ev. (3 Ed.) pp. 33, 34, 35, 36; State v. Schyhart, 199 S.W. 205; State v. Wheaton, 221 S.W. 26; State v. Vinton, 220 Mo. 90; State v. Clinkbeard, 142 Mo.App. 146, 232 Mo. 539. (3) (a) A "certificate of deposit register" is a book of accounts. (b) The intent of the alterations was to defraud. (c) Pecuniary obligations were purported to be created and diminished. State v. Plotner, 283 Mo. 83. (4) The "Commissioner of Finance" created by Laws 1921, p. 394, is the same as Bank Commissioner, and has the same liabilities, duties, powers and jurisdiction. These titular designations are synonymous. (5) The Bank Commissioner, or one of his subordinates, was a person to whom the book of accounts might be delivered within the meaning of the statute. State v. Plotner, 283 Mo. 83. (6) It was immaterial that there had been six recent examinations of the bank shortly before the discovery of the false entries. The entries were made for the very purpose of preventing detection.
The defendant was charged by information in the Circuit Court of Jackson County, with forgery in the third degree, under Section 3438, Revised Statutes 1919. On September 26, 1924, a jury returned a verdict finding him guilty, and assessed his punishment at imprisonment for two years in the State penitentiary. The trial court thereupon rendered judgment, from which defendant appealed.
The facts in this case are practically the same as those shown by the evidence and stated in the companion case, State v. Morro, ante, page 98, in which defendant was convicted of embezzlement.
The information charged that March 31, 1923, the International Life Insurance Company, a corporation, deposited in the Corn Exchange Bank, a moneyed corporation, a certain check for $ 5,000, dated March 29, 1923, drawn by said company upon the American Savings Bank of Springfield, Missouri, payable to the Corn Exchange Bank, for a certificate of deposit payable to the order of said insurance company in that amount; and that there was then issued and delivered to said insurance company by said Corn Exchange Bank a certificate of deposit, No. 107, dated March 31, 1923, for $ 5,000, payable six months after date with interest at the rate of three per cent per annum, signed by Richard Morro, cashier, said Morro being then cashier of said Corn Exchange Bank. That the said check in due course was paid, and that said Richard Morro, March 31, 1923, feloniously and with intent to defraud said Corn Exchange Bank, made certain false entries in a book of accounts kept by said Corn Exchange Bank, some pages of which were designated "Certificate-of-Deposit Register," and intended by said Corn Exchange Bank to be delivered to persons dealing with said Corn Exchange Bank, to-wit, the Bank Commissioner of the State of Missouri, his deputy and examiners, for the purposes of examination, which false entries were as follows: "A. G. Barter," "3-15" "107" and "100," each of said entries being made on the same leaf and page of said book of accounts, which said entries meant, and by the said Richard Morro were intended to mean, that a person named A. G. Barter, on the 15th of March, 1923, deposited in said Corn Exchange Bank the sum of $ 100, and that certificate of deposit No. 107 had been issued and delivered by said Corn Exchange Bank to said A. G. Barter in the sum of $ 100, and by such false entries pecuniary credit of the said Barter in the sum of $ 100 purported to be created, and the pecuniary credit of the holder of said Certificate of Deposit No. 107, to-wit, the International Life Insurance Company, purported to be diminished and affected.
The evidence introduced by the State tended to show the facts stated in the information. The check drawn by the International Life Insurance Company, payable to the Corn Exchange Bank for $ 5,000, was introduced, stating on its face that it was for certificate of deposit; it showed that it was duly paid through the Springfield Clearing House. Also, the certificate of deposit, No. 107, dated March 31, for $ 5,000, as described in the information. Also, the sheet from the Certificate-of-Deposit Register, showing the entry alleged to be forged, stating that Certificate No. 107 was issued to A. G. Barter, March 15, for $ 100.
Mr. Biggerstaff, on behalf of the State, testified that June 14th or 15th, while he was examining the books of the bank, the defendant admitted that he made those false entries, issued the certificate to the International Insurance Company, and confessed to other shortages attributed to him. A signed and sworn statement by Richard Morro was introduced in evidence, whereby he admitted, among other things, that the entry of Certificate of Deposit No. 107, March 15, 1923, to A. G. Barter, for $ 100, was made by him, and that no such certificate was issued. On this evidence he was found guilty, as stated, and appealed.
I. It is first claimed by appellant that no offense was proved under the statute; that whatever act was committed by the defendant was not covered by the terms of Section 3438, Revised Statutes 1919, which is as follows:
In the case of State v. Plotner, 283 Mo. 83, we held that an entry very similar to the one under consideration here constituted a crime defined by that section. The appellant insists that the analysis of the section in that case was obiter, and in an elaborate argument asks reconsideration of the matter. In the Plotner case (l. c. 92), we stated what it is necessary to prove in order to establish guilt, under the statute. In view of the argument of the appellant we will attempt further to analyze it. The statute shows that it describes the crime against which it is leveled, and also the circumstances under which the crime may be committed.
The crime consists of (a) making a false entry in a book; (b) with intent to defraud; (c) whereby a pecuniary obligation, claim or credit shall purport to be created increased, diminished or discharged. The section then describes the kind of a book in which the entry may be made; (d) it must...
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