{ "id": 8653319, "name": "STATE v. WILL SWITZER", "name_abbreviation": "State v. Switzer", "decision_date": "1924-01-22", "docket_number": "", "first_page": "88", "last_page": "97", "citations": [ { "type": "official", "cite": "187 N.C. 88" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "7 Sup. Ct., 580", "category": "reporters:federal", "reporter": "S. Ct.", "case_ids": [ 3467966 ], "weight": 3, "pin_cites": [ { "page": "584" } ], "opinion_index": 0, "case_paths": [ "/us/120/0327-01" ] }, { "cite": "183 N. C., 775", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8659022 ], "opinion_index": 0, "case_paths": [ "/nc/183/0775-01" ] }, { "cite": "106 N. C., 736", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8652128 ], "opinion_index": 0, "case_paths": [ "/nc/106/0736-01" ] }, { "cite": "186 N. C., 282", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "186 N. C., 433", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8653815 ], "opinion_index": 0, "case_paths": [ "/nc/186/0433-01" ] }, { "cite": "185 N. C., 714", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8657747 ], "opinion_index": 0, "case_paths": [ "/nc/185/0714-01" ] }, { "cite": "146 N. C., 655", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11272343 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nc/146/0655-01" ] }, { "cite": "106 N. C., 722", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8652082 ], "opinion_index": 0, "case_paths": [ "/nc/106/0722-01" ] }, { "cite": "83 N. C., 605", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11278857 ], "opinion_index": 0, "case_paths": [ "/nc/83/0605-01" ] }, { "cite": "76 Ala., 77", "category": "reporters:state", "reporter": "Ala.", "opinion_index": 0 }, { "cite": "185 N. C., 674", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8657492 ], "opinion_index": 0, "case_paths": [ "/nc/185/0674-01" ] }, { "cite": "185 N. C., 643", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8657403 ], "opinion_index": 0, "case_paths": [ "/nc/185/0643-01" ] }, { "cite": "142 N. C., 580", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 } ], "analysis": { "cardinality": 941, "char_count": 25206, "ocr_confidence": 0.457, "pagerank": { "raw": 1.6535859501327336e-07, "percentile": 0.6931657019386073 }, "sha256": "774feaa8080e00b997208be9fc690d5e18ae960fd459a1f142919989590f2eb8", "simhash": "1:3732072d363f5e51", "word_count": 4495 }, "last_updated": "2023-07-14T20:05:52.896945+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE v. WILL SWITZER." ], "opinions": [ { "text": "Clarkson, J.\nThe defendant was convicted of violation of C. S., 4401, which is as follows:\n\"Malfeasance of banh officers and agents. If any president, director, cashier, teller, clerk or agent of any bank or other corporation shall embezzle, abstract or wilfully misapply any of the moneys, funds or credits of the bank, or shall, without authority from the directors, issue or put forth any certificate of deposit, draw any order or bill of exchange, make any acceptance, assign any note, bond, draft, bill of exchange, mortgage, judgment or decree, or make any false entry in any book, report or statement of the bank, with the intent in either case to injure or defraud or to deceive any officer of the bank, or if any person shall aid and abet in the doing of any of these things, he shall be guilty of a felony, and upon conviction shall be imprisoned in the State\u2019s Prison for not less than four months nor more than fifteen years, and likewise fined, at the discretion of the court.\u201d\n\u201cAn act to regulate banking in the State of North Carolina,\u201d etc., section 83, chapter 4, Laws 1921, is as follows:\n\"Misapplication, embezzlement of 'funds, etc, \"Whoever, being an officer, employee, agent, or director of a bank, embezzles, abstracts, or wilfully misapplies any of the money, funds, credit, or property of such bank, whether owned by it or held in trust, or wilfully and fraudulently issues or'puts forth a certificate of deposit, draws an order or bill of exchange, makes an acceptance, assigns a note, bond, draft, bill of exchange, mortgage, judgment or decree, or makes a false statement or certificate as to a trust deposit or contract, for or under which such bank is acting as trustee, or makes a false entry in, or conceals the true and correct entry in a book, report or statement of sucb bank, or wbo shall loan the funds or credit of any bank to any company or corporation known to be insolvent, or which has ceased to exist, or to any person upon the collateral security of any stocks or bonds of such company or corporation which is known to be insolvent or which has ceased to exist or which never had any existence, or fictitiously borrows, solicits, obtains or receives money for a bank not in good faith, intended to become the property of such bank, with intent to defraud or injure the bank or another person or corporation, or to deceive an officer of the bank or an agent appointed to examine the affairs of such bank, or publishes a false report relating to the financial condition of the bank with the intent to conceal its true financial condition or to defraud or injure it or another person or corporation, shall be guilty of a felony, and upon conviction thereof shall be fined not more than ten thousand dollars or imprisoned in the State\u2019s Prison not more than thirty years, or both.\u201d\nIn the act, supra, regulating banking, the repealing clause is: \u201cAll laws and parts of laws in conflict with this act are hereby repealed. This act shall be in force from and after its ratification.\u201d It was ratified 18 February, 1921.\nAt the conclusion of the State\u2019s evidence the court below allowed the motion of defendant to nonsuit as to the second, third, and fifth counts in the bill of indictment, and refused to allow motion of nonsuit as to the first and fourth counts, which are as follows:\n\u201cThe jurors for the State, upon their oath, present: That B. H. Hedgecock and \"Will Switzer, late of the county of Guilford, on or about the.day of., 1922, in the year of our Lord one thousand nine hundred and twenty-two, with force and arms, at and in the county aforesaid, unlawfully, wilfully, feloniously, the said B. H. Hedgecock being then and there an officer, to wit, cashier, of the Home Banking Company of High Point, N. C., a bank, did abstract from said bank the sum of twelve thousand eight hundred and forty-three dollars and seventy-five cents ($12,843.75) by means of the following checks: (giving date, amount, and to whom payable, commencing 5 January, 1921, and ending 20 March, 1922 \u2014 240 in all), with intent to injure, contrary to the statute in such cases made and provided, and against the peace and dignity of the State.\n\u201cAnd the jurors aforesaid do further present that said Will Switzer, late of Guilford County, at and in the county of Guilford, on or about the . day of ., 1922, with force and arms, unlawfully, wil-fully and feloniously, while the said B. H. Hedgecock was then and there acting as an officer, to wit, cashier, of the Home Banking Company, a banking corporation, of High Point, N. C., neither said B. H. Hedgecoek nor Will Switzer being an apprentice and not being under the age of sixteen years, did aid and abet the said B. H. Hedgecoek in misapplying the sum of $12,843.75, money of said bank, with intent to knowingly and wilfully misapply the same, contrary to the statute in such cases made and provided, and against the peace and dignity of the State. Bower, Solicitor.\u201d\nR. R. King, for the State, testified in part as follows: \u201cWe told Mr. Switzer what Mr. Hedgecoek had said about their putting on forced sales and that then they were to divide the money. Mr. Switzer sat there and did not have much to say. Sometimes he would say, 'What can I do about it?\u2019 Then Mr. Penny appealed to Mr. Hedgecoek to know if he had not stated to us what I had reiterated to Switzer, and he said he had. Hedgecoek said that. And all that Switzer would say was, 'What can I do about it?\u2019 Then, some question of Switzer giving some kind of security for his debt came up. It was agreed, after much talking, that Mr. Tomlinson, who was also there in the office, should go down and get the money, such cash as Switzer had in his store that night. It must have been near ten o\u2019clock. There was forty or fifty dollars in the store and Switzer said he wanted eight or ten dollars for his wife, and he was allowed to take that, and the balance of the money was brought back by Tomlinson. Tomlinson was to have the keys and was to open up the store in the morning and remain there; Switzer was to conduct the business and look after it; but all the money at the end of each day was to be turned over to Tomlinson as security for the payment of Switzer\u2019s obligation, these overdrafts. Switzer agreed to that arrangement. As a result of Switzer\u2019s visit, Mr. Tom-linson took his keys and took possession of the store, and he turned over all of his money except seven or eight dollars which Switzer said he wanted to give to his wife. Switzer\u2019s business was taken over by and was in the possession of the Home Banking Company until the creditors threw him into bankruptcy.\u201d\nGeorge T. Penny, for the State, testified in part as follows: \u201cI asked Hedgecoek what had become of this money. He then brought up Switzer\u2019s checks amounting -to $13,000, and he related about what Mr. King has just related, and I asked Hedgecoek what was his idea of allowing Switzer to overdraw his account $13,000, and he said that Switzer had agreed with him that he would go to the Northern markets and purchase and buy goods from different merchants, pay a little to each one, ship the goods into High Point to his store there, advertise a sale, and they would divide up this money. I asked Hedgecoek why those checks had not been shown to the directors in their meeting. He said he had put a rubber band around them and put them back in a box in the bank and held them there, as he had promised Mr. Switzer that he would do, excepting that when Switzer sold his goods that they could settle up the matter, pay it up, and that it could be taken care of. After all of this, and after Mr. King came in, Mr. Hedgecoek went all oyer this again before Mr. King. Mr. King called for some blank warrants, and Mr. Tomlinson went after them to Mr. Brown\u2019s office. Mr. Brown was justice of the peace. Mr. King started to draw up a warrant and Mr. Hedgecoek says, 'I will draw that on the typewriter if you will dictate it.\u2019 He drew the warrant and Mr. Brown came in, the magistrate, and the question arose about how the warrant was to be signed. We read the warrant before Mr. Hedgecoek, and I said to Hedgecoek, \u2018Is that a true statement made in that warrant; is that true?\u2019 He said Tt is,\u2019 and I said \u2018All right, I will sign the wa-rrant.\u2019 So the warrant was drawn up and I signed it. Before they put the warrant in the hands of the officer I said, \u2018I will go down and have a talk with Switzer and see if this matter can be adjusted.\u2019 Switzer was not present at any of the conversations with Hedgecoek. I went down to Mr. Switzer\u2019s store and I told him I wanted to see him on a matter of business. He and I then went to the bank, where Mr. King, Mr. Hedgecoek, and the others were, and we went over the matters with him. Mr, Switzer sat quiet, never said anything, never made any denial of it, but says, \u2018What can we do about it?\u2019 Mr. King went over the matter again and he would sit quiet and say, \u2018What areo we going to do about it ?\u2019 And I said to Switzer, \u2018The matter is simply this, according to Mr. Hedgeeock\u2019s statement-you have about $13,000 of the bank\u2019s money. The bank examiners are examining the bank and it shows quite a shortage here. What we want you to do is to pay this $13,000. We have got to get ourselves in shape to take care of the deposits, and we want you to make this $13,000 good\u2019; and I said to Mr. Switzer, \u2018Mr. Hedgecoek stated that he agreed to pay these cheeks for you; you were to take the money, buy goods in your store, advertise a big sale, sell the goods, and then you would divide up and then he would take care of you.\u2019 I said, \u2018Mr. Hedgecoek, is that right, is that yo\u00far statement?\u2019 and he says, \u2018That is exactly it, Will; that is what we agreed on.\u2019 I said, \u2018Is that right, Switzer?\u2019 And he said, \u2018But I haven\u2019t had my sale yet; what am I going to do? I haven\u2019t had my sale; what am I going to do?\u2019 And I said, \u2018We want you to make this $13,000 good, and we want you to make it good and pay this debt.\u2019 \u201d\nPenny further testified as to the arrangement by which Switzer turned over the store and the keys to Tomlinson. He also said: \u201cSwitzer told me that he paid $50 to Hedgecoek to take care of these checks. Switzer told me that he was paying Hedgecoek, the cashier, to take care of the overdrafts.\u201d\n.The defendants introduced no evidence. ITedgecock did not deny what the witnesses testified to. Both of the defendants, B. H. Hedge-cock and Will Switzer, were convicted and judgment rendered by the court below. Will Switzer alone appealed to this Court, and presents three assignments of error.\nThe questions involved are set forth succinctly in the defendant\u2019s brief. We will consider them, as they cover the assignments of error:\n\u201c1. Should the court have quashed the bill of indictment against Switzer ?\n\u201c2. Should a judgment of nonsuit have been entered at the conclusion of the evidence?\n\u201c3. -Should the judgment have been arrested after the verdict?\n\u201c4. Were sufficient errors committed by the judge in his charge to the jury to grant the appellant Switzer a new trial?\u201d\nShould the court have quashed the bill of indictment against Switzer ? We think it should as to the fourth count, not as to the first count.\nWhere there are several offenses, but of the same grade and punishable alike, the power of the court to quash or compel the solicitor to elect is a matter of sound discretion. S. v. Burnett, 142 N. C., 580; S. v. Lewis, 185 N. C., 643.\nScpne of the checks were given before the ratification of the Banking Act, as will be seen from the indictment. The Banking Act only repeals \u201claws and parts of laws in conflict.\u201d There is no conflict in the material allegations of the count in the bill. of indictment with the statutes. S. v. Foster, 185 N. C., 674. The language of the act under which defendant is tried is, \u201cWith the intent in either case to injure or defraud.\nC. S., 4621, is as 'follows: \u201cIn any case where an intent to defraud is required to constitute the offense of forgery, or any other offense whatever, it is sufficient to allege in the indictment an intent to defraud, without naming therein the particular person or body corporate intended to be defrauded; and on the trial of such indictment it shall be sufficient, and shall not be deemed a variance, if there appear to be an intent to defraud the United States, or any State, county, city, town, or parish, or body corporate, or any public officer in his official capacity, or any copartnership or member thereof, or any particular person. The defendant may be charged in the same indictment in several counts with the separate offenses of receiving stolen goods, knowing them to be stolen, and larceny.\u201d\nIn Carlisle v. State, 76 Ala., 77, the Court says: \u201cIntent to injure or defraud is made an ingredient of the offense, of which the defendant was convicted. Without this intent there is no guilt. Intent is rarely shown by direct proof, but is inferred from facts in evidence. Still, to authorize a conviction, the jury must be affirmatively convinced such intent existed; convinced by that measure of proof required in criminal eases. Our statute employs, disjunctively, the two words, 'Injure or defraud.\u2019 Either intent is sufficient to constitute the corrupt motive, if the words are employed in a different sense. Are they so employed? The only injury that can be inflicted, 'by any false pretense or token,\u2019 by which one person obtains from another any money or other personal property, is the deception which imposes on the confidence of that other.. This is a fraud; and we cannot think the Legislature, in employing the word injure, intended to express or, considering the connection, could express, more or less than is implied in the word defraud. \u25a0 And this interpretation is fortified by the fact that in prescribing a form of indictment for this offense the sam\u00e9 Legislature which declared the ingredients of the crime explained the phrase 'with intent to defraud,\u2019 and omitted the word injure.\u201d\nThe first count charges that Hedgeeoek and \"Will Switzer jointly ''did abstract from said bank ... by means of the following checks,\u201d etc., \u201cwith intent to injure.\u201d In the first count they are charged as principals.\nUpon this the defendant\u2019s counsel contends that as the statute applies only to a president, director, cashier, teller, clerk or agent of any bank, and as the defendant Switzer occupied no such relation to the Home Banking Company, he cannot be convicted under this first count; that the offense being a felony, he could not be convicted as principal under the indictment, he not being present at the time the offense was committed, and it is suggested that he could be held to answer only to the bill of indictment which charged him with being accessory before the fact to this felony. We,-however, do not understand the law as relied upon by the defendant\u2019s counsel to be applicable to this case. Wharton in his Criminal Law, Vol. I (11 ed.), p. 326, enunciates, we think, the proper principle applicable to the facts of this case:\n\u201c255. Persons executing parts of crime separately are principals. Where one assailant strikes a blow which is not fatal, and a confeder- . ate follows it up with a fatal blow, both are principals in the homicide. If part of a crime also be committed in one place and part in another, each person concerned in the commission of either part is liable as principal. Hence, if several combine to forge a document, and each executes, by himself, a distinct part of the forgery, and they are not together when the instrument is completed, they are nevertheless all guilty as principals. And if A. counsel B. to make the paper, 0. to engrave the paper, D. to fill up the names of a forged note, and they do so, each \u00abwithout knowing that the others are employed for that purpose, B., C., and D. may be indicted for forgery and A. as an accessory; for if several make distinct parts of a forged instrument, each is a principal, though be do not know by wbom the other parts are executed, and though it is finished by one alone in the absence of the others.\u201d\nSee, also, S. v. Jones, 83 N. C., 605; S. v. Dowell, 106 N. C., 722. Under the facts of this case, then, Switzer was a principal in the commission of the crime, because he necessarily identified himself' with Hedgecock, the cashier, in the commission of the crime.\nThe first count charges Hedgecock, in accordance with the statute, \u201can officer, to wit, cashier.\u201d Under the statute Switzer need not have been an officer, he would be guilty as principal under the facts of this case. The charge under the statute was \u201cabstract,\u201d not embezzling. It was not necessary to allege that the defendant is over the age of 16 years. In fact, C. S., 4401, is different from C. S., 4268, which is an embezzlement statute, and excepts the persons named therein under the age of -16 years. \u00a5e do not think the defendant could complain of the charge of abstracting in a total sum $12,843.75. The amount was made up of 240 separate and distinct transactions. Abstracting money from the bank by means of any one of the 240 checks, contrary to the statute, would be unlawful. In the discretion of the court below, the defendant could be tried separately or all of the checks treated as a whole.\nThe statute not only makes it unlawful to \u201cabstract\u201d but also to \u201cwilfully misapply,\u201d \u201cwith the intent in either case to injure or defraud or to deceive any officer of the bank, or if any person shall aid and abet in the doing of any of these things;\u201d etc.\nWe think, under the language of the statute, the first count is drawn according to the practice and procedure of this Court. Form, technicality and refinement have given way to substance, and it is sufficient if the indictment contains the charge in a plain, intelligent, and explicit manner. S. v. Leeper, 146 N. C., 655; S. v. Hedgecock, 185 N. C., 714; S. v. Hawley, 186 N. C., 433.\nWe think the word \u201cinjure\u201d in the first count is in the language of the statute and sufficient. A bill of particulars could have been asked for, if desired. C. S., 4613; S. v. Leeper, supra.\nShould a judgment of nonsuit have been entered at the conclusion of the evidence? It should have been as to the fourth count. We think \u00f1ot as to the first count. The evidence of King and Perry and the act of Switzer in turning over the keys, store, etc., were more than a scintilla of evidence. Where there is any evidence to support a claim, it is the duty of the judge to submit it to the jury, and the weight of such evidence is for the jury to determine. Hancock v. Southgate, 186 N. C., 282. There was a general verdict of guilty, which, in law, was a verdict of guilty on each and every count. The general verdict of guilty upon two counts will be sustained if the evidence justifies either. S. v. Toole, 106 N. C., 736; S. v. Strange, 183 N. C., 775.\nShould judgment have been arrested after the verdict? We think not except as to the fourth count. For .the reasons before mentioned, we think the indictment charges defendant with a crime. Were sufficient errors committed by the judge in his charge to grant the appellant Switzer a new trial? We think not.\nA juror asked the court below after the charge to give the legal meaning of the word \u201cabstract.\u201d The court answered: \u201cAbstract means to take from, withdraw. That is what is meant by abstracting, withdrawing, taking from. Abstraction, that is taking from with intent to injure or defraud.\u201d\nWe think the court below, under the first count in the indictment and the evidence, was correct in the definition.\nOur statute is similar to the U. S. statute. \u201cAbstract, as used in Rev. St. U. S., sec. 5209, is a word of simple popular meaning, without ambiguity. It means to take or withdraw from; so that to abstract the funds of a bank, or a portion of them, is to take and withdraw from the possession and control of the bank the moneys and funds alleged to be so abstracted. To constitute that offense, within the meaning of the act, it is necessary that the money and funds should be abstracted from the bank without its knowledge and consent, with intent to injure and defraud it, or some person or persons, or to deceive some officer of the association, or an agent appointed to examine its affairs.\u201d U. S. v. Northway, 7 Sup. Ct., 580, 584; 120 U. S., 327; 30 L. Ed., 664; 1 Words and Phrases, p. 46.\nWe have examined the charge of the court below and the assignments of error carefully, and for the reasons given we can see no prejudicial or reversible error.\nNo error.", "type": "majority", "author": "Clarkson, J." } ], "attorneys": [ "Attorney-General Manning and Assistant Attorney-General Nash for the State.", "T. J. Gold and Stern & Swift for defendant." ], "corrections": "", "head_matter": "STATE v. WILL SWITZER.\n(Filed 22 January, 1924.)\n1. Courts \u2014 Indictment\u2014Counts\u2014Criminal Law \u2014 Election of Remedies.\nWhere there are several offenses charged in the bill of indictment, of the same grade of crime and punishable alike, it is, on defendant\u2019s motion, within the sound discretion of the trial judge to quash or compel the solicitor to elect.\n2. Banks and Banking \u2014 Criminal Law \u2014 Abstracting Funds \u2014 Statutes.\nC. S., 4401, making it a criminal offense for the cashier or certain other officers, agents and employees of a bank to be guilty of malfeasance in the respects therein enumerated, making the intent necessary for a conviction, is not in conflict with chapter 4, Laws of 1921, sec. 83, entitled \u201cAn act to regulate banking, and repealing all laws in conflict therewith.\u201d\n3. Same \u2014 Depositor\u2014Officers or Agents.\nIn order to convict a depositor at a bank wbo bas abstracted funds from the bank in collusion with its cashier, it is not required that he himself was an officer of the bank or that he was present at the time the money was feloniously \u201cabstracted,\u201d under the provisions of O. S., 4401; and he may be convicted thereunder when the bill of indictment substantially follows the language of the statute and the evidence is sufficient to sustain the charge therein. This is not applicable to the provisions of the amendatory act of 1921, ch. 4, sec. 83.\n4. Same \u2014 Indictment\u2014Intent.\nIn order for conviction for malfeasance of bank officers and agents under the provisions of O. S., 4401, it is sufficient to allege in the indictment the \u201cintent to defraud, without naming therein the particular person or body corporate intended to be defrauded,\u201d etc. (O. S., 4621) ; and an indictment under section 4401, charging the act \u201cwith intent to injure,\u201d is held sufficient.\n5. Same \u2014 Principal Offenders.\nWhere a depositor, in collusion with the cashier of a bank, has \u201cabstracted\u201d or caused to be abstracted by the cashier moneys of the bank in violation of the provisions of O. S., 4401, though the depositor was not present at the time the offense was committed, he may be convicted as a principal under the counts of the indictment so charging the offense.\n0. Same \u2014 Abstracting Funds of Bank \u2014 Embezzlement.\nThe use of the word \u201cabstract\u201d in' O. S., 4401, marks a difference between this statute and O. S., 4268, the latter applying to embezzlement; and under the former statute it is not necessary for the indictment or evidence to comply with the terms of O. S., 4268, excepting offenders under the age of sixteen years.\n7. Indictment \u2014 Criminal Law \u2014 Banks and Banking \u2014 Abstracting Funds of Bank \u2014 Bill of Particulars.\nIt is within the sound discretion of the trial judge to try, separately or collectively, the defendant, indicted under the provisions of C. S., 4401, for some or all offenses committed by a series of checks on the bank, whereby he had unlawfully \u201cabstracted\u201d the funds of the bank; and where the indictment is sufficient for conviction, the defendant\u2019s remedy is by requesting a bill of particulars when he reasonably so desires. C. S., 4613.\n8. Same \u2014 Technicalities.\nAn indictment for unlawfully abstracting the funds of a bank, to the injury of persons, corporations, etc., is sufficient if it substantially follows the express wording of the statute (C. S., 4401) in a plain, intelligent and sufficient manner, though without strict regard to form, technicality or refinement.\n9. Banks and Banking \u2014 Statutes\u2014Criminal Law \u2014 Abstracting Funds\u2014 Evidence \u2014 Questions for .Jury \u2014 Nonsuit\u2014Trials.\nThe evidence in this case that the defendant had violated the provisions of C. S., 4401, in collusion with its cashier, in unlawfully abstracting the funds of the bank, etc., is held to be more than a scintilla, carrying the case to the jury, and a judgment as of nonsuit thereon was properly disallowed.\n10. Verdict \u2014 Indictment\u2014Several Counts.\nA general verdict of guilty on all the related counts in a bill of indictment is a verdict of guilty as to each, and will be sustained if tbe evidence tbereon is sufficient for conviction.\n11. Banks and Banking \u2014 Criminal Law \u2014 Abstracting Funds \u2014 Statutes.\nTbe legal meaning of tbe word \u201cabstract,\u201d as it appears in C. S., 4401, with reference to the unlawful use of tbe funds of tbe bank, is correctly charged under an instruction to tbe jury defining it as tbe taking from or withdrawing from tbe bank, with tbe intent to injure or defraud, etc.\nCeiminal action, tried before Devin, J., at June Term, 1923, of Guilford.\nAppeal by defendant. Tbe essential facts are set forth in the opinion.\nAttorney-General Manning and Assistant Attorney-General Nash for the State.\nT. J. Gold and Stern & Swift for defendant." }, "file_name": "0088-01", "first_page_order": 156, "last_page_order": 165 }