burton
argued
decided
january
plaintiff
error
convicted
district
eastern
district
missouri
violation
revised
statutes
comp
stat
set
forth
margin
brought
case
directly
writ
error
comp
stat
sec
senator
representative
delegate
election
continuance
office
head
department
officer
clerk
employ
government
shall
receive
agree
receive
rectly
services
rendered
rendered
person
either
another
relation
proceeding
contract
claim
controversy
charge
accusation
arrest
matter
thing
party
directly
indirectly
interested
department
bureau
officer
civil
military
naval
commission
whatever
every
person
offending
section
shall
deemed
guilty
misdemeanor
shall
imprisoned
two
years
fined
ten
thousand
dollars
shall
moreover
conviction
therefor
rendered
forever
thereafter
incapable
holding
office
honor
trust
profit
government
defendant
member
senate
representing
state
kansas
indictment
tried
contained
nine
counts
first
count
averring
defendant
senator
state
kansas
averred
day
march
received
louis
missouri
rialto
grain
securities
company
money
compensation
services
theretofore
november
divers
days
day
day
march
rendered
company
postoffice
department
certain
matter
pending
department
directly
interested
say
whether
company
violated
provisions
revised
statutes
comp
stat
company
officers
devised
scheme
artifice
defraud
effected
correspondence
means
postoffice
establishment
whether
correspondence
company
louis
missouri
returned
word
fraudulent
plainly
written
stamped
upon
outside
authorized
law
also
averred
services
rendered
defendant
company
consisted
part
visits
postmaster
general
chief
inspector
officers
postoffice
department
statements
made
postmaster
general
chief
inspector
officers
visits
statements
made
defendant
made
view
purpose
inducing
postmaster
general
chief
inspector
officers
decide
question
pending
department
way
favorable
rialto
company
second
count
indictment
first
except
averred
indirectly
instead
directly
interested
question
whether
fraud
order
issued
upon
third
count
jury
rendered
verdict
guilty
upon
fourth
fifth
counts
government
entered
nolle
prosequi
third
fourth
fifth
counts
concededly
charged
one
offense
charged
first
second
counts
counts
based
upon
payment
cash
defendant
louis
march
sixth
count
averred
receipt
defendant
city
louis
state
missouri
check
payment
received
defendant
november
check
drawn
upon
commonwealth
trust
company
louis
payable
order
defendant
duly
indorsed
check
paid
trust
company
defendant
louis
compensation
services
company
november
march
postoffice
department
matter
directly
interested
count
contained
averments
character
question
pending
postoffice
department
set
forth
first
count
seventh
count
sixth
except
averred
making
check
payment
thereof
defendant
day
december
city
louis
state
missouri
sum
averments
sixth
count
eighth
count
averred
giving
check
sum
day
january
city
louis
state
missouri
payment
services
nature
stated
sixth
seventh
counts
ninth
count
sixth
seventh
eighth
except
averred
receipt
check
defendant
dated
day
february
city
louis
state
missouri
class
services
upon
matter
pending
postoffice
department
defendant
demurred
indictment
ground
stated
crime
showed
interest
direct
indirect
matter
postoffice
department
inasmuch
interest
statute
must
either
pecuniary
property
interest
may
favorably
unfavorably
affected
action
sought
taken
given
matter
pending
department
demurrer
overruled
defendant
pleaded
guilty
john
dillon
fred
lehmann
harry
hubbard
john
dillon
rossington
plaintiff
error
solicitor
general
hoyt
defendant
error
justice
peckham
making
foregoing
statement
facts
delivered
opinion
counsel
defendant
base
right
obtain
direct
review
judgment
conviction
district
missouri
upon
contention
case
involves
construction
application
constitution
several
particulars
insist
article
constitution
also
amendment
defendant
entitled
tried
jury
state
district
crime
alleged
indictment
committed
question
arises
reason
counts
indictment
charge
receipt
defendant
various
checks
therein
set
forth
louis
state
missouri
evidence
case
shows
without
contradiction
checks
received
city
washington
payment
thereof
made
defendant
one
banks
city
counsel
contended
crime
committed
receipt
checks
payment
thereof
defendant
denied
crime
committed
washington
missouri
come
within
revised
statutes
comp
stat
viding
offense
begun
one
judicial
circuit
completed
another
shall
deemed
committed
either
may
dealt
either
district
manner
actually
wholly
committed
therein
counsel
defendant
also
contend
case
involves
construction
application
article
constitution
providing
senators
representatives
shall
cases
except
treason
felony
breach
peace
privileged
arrest
attendance
sessions
respective
houses
going
returning
questions
raised
whether
defendant
waived
alleged
privilege
freedom
arrest
senator
probably
depend
upon
question
whether
offense
charged
substance
felony
privilege
personal
one
given
purpose
always
securing
representation
state
senate
however
may
question
frivolous
case
statute
grants
jurisdiction
issue
writ
error
directly
district
decide
case
without
restricted
constitutional
question
horner
ed
sup
habit
decide
questions
constitutional
nature
unless
absolutely
necessary
decision
case
jurisdiction
decide
questions
case
writ
error
deny
motion
certiorari
proceed
examination
record
first
question
construction
statute
upon
indictment
framed
first
arise
upon
question
majority
justice
harlan
justice
brown
justice
mckenna
justice
holmes
justice
day
concurring
opinion
facts
alleged
indictment
show
case
covered
provisions
statute
chief
justice
justice
brewer
justice
white
writer
opinion
dissent
view
opinion
statute
cover
case
alleged
indictment
second
assuming
statute
applies
facts
stated
indictment
question
arises
upon
general
merits
case
whether
sufficient
evidence
guilt
submitted
jury
majority
justices
concurring
opinion
prepared
say
minority
dissent
view
opinion
evidence
whatever
upon
found
verdict
conviction
however
questions
remaining
proceed
discuss
theory
statute
covers
case
third
sixth
seventh
eighth
ninth
counts
indictment
aver
receipt
defendant
different
checks
described
city
louis
state
missouri
payment
money
thereon
defendant
louis
state
compensation
services
theretofore
performed
defendant
rialto
company
may
assumed
facts
averred
various
counts
indictment
upon
checks
good
turned
however
trial
averments
place
different
checks
received
paid
true
contrary
evidence
wholly
undisputed
received
defendant
city
washington
indorsed
deposited
riggs
national
bank
washington
afterwards
duly
paid
commonwealth
trust
company
louis
missouri
amount
instance
immediately
credited
riggs
national
bank
account
defendant
bank
cashier
testified
defendant
right
immediately
credit
made
draw
whole
portion
thereof
without
waiting
payment
check
louis
oral
special
agreement
made
defendant
bank
time
one
checks
deposited
credit
given
amount
thereof
defendant
account
bank
took
check
arrived
went
bank
indorsed
check
payable
order
bank
took
check
placed
amount
thereof
credit
defendant
account
nothing
said
regard
matter
words
ordinary
case
transfer
sale
check
defendant
purchase
bank
upon
delivery
bank
circumstances
stated
title
check
passed
bank
became
owner
thereof
sense
agent
defendant
purpose
collecting
amount
check
trust
company
upon
drawn
time
delivery
check
defendant
bank
became
owner
check
torn
thrown
fire
made
use
disposition
chose
right
defendant
infringed
testimony
brice
cashier
riggs
national
bank
custom
bank
check
paid
charging
depositor
account
least
vary
legal
effect
transaction
simply
method
pursued
bank
exacting
payment
indorser
check
nothing
nothing
whatever
evidence
showing
agreement
understanding
effect
transaction
parties
defendant
bank
law
imply
facts
already
stated
forwarding
check
collection
stated
brice
collection
defendant
bank
agent
sent
forward
paid
riggs
bank
owner
sent
reference
jurisdiction
offense
described
sixth
following
counts
indictment
held
checks
actually
received
defendant
washington
money
paid
bank
city
title
ownership
checks
passed
bank
time
missouri
jurisdiction
try
offenses
set
forth
counts
indictment
already
referred
question
fact
error
submit
matter
jury
find
fact
supported
evidence
said
government
claims
compensation
referred
count
sent
accused
rialto
grain
securities
company
form
check
drawn
commonwealth
trust
company
payable
order
accused
mail
received
check
representing
compensation
washington
district
columbia
indorsed
check
deposited
credit
riggs
national
bank
washington
bank
afterwards
forwarded
check
correspondents
louis
payment
commonwealth
trust
company
upon
drawn
riggs
bank
correspondents
matter
became
agents
accused
securing
money
money
called
check
finally
paid
louis
missouri
trust
company
drawn
amounted
payment
money
accused
louis
missouri
suggests
important
feature
case
reason
unless
true
accused
received
money
represented
paid
check
louis
jurisdiction
try
case
constitution
confers
upon
accused
every
criminal
case
right
tried
impartial
jury
state
district
crime
shall
committed
receipt
money
gist
crime
charged
accused
receive
district
fact
louis
charged
received
amenable
law
district
victed
sixth
count
accordingly
becomes
duty
ascertain
find
evidence
true
relations
accused
washington
bank
deposited
check
question
bank
understanding
respective
rights
relation
check
proceeds
thereof
question
charges
follows
intent
understanding
washington
bank
accused
time
latter
deposited
check
question
former
bank
forward
usual
course
correspondents
louis
payment
correspondents
act
agent
accused
purpose
final
payment
commonwealth
trust
company
louis
check
correspondents
washington
bank
amounts
law
payment
louis
charged
sixth
count
amount
check
accused
contrary
understanding
intent
washington
bank
accused
time
latter
deposited
check
question
former
bank
become
purchaser
check
thereafter
absolute
owner
thereof
act
indicated
agent
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collection
check
payment
louis
commonwealth
trust
company
amount
law
payment
washington
bank
accused
latter
event
crime
committed
accused
district
reason
check
referred
sixth
count
indictment
order
find
accused
guilty
sixth
county
must
find
evidence
measure
proof
required
criminal
cases
check
referred
sixth
count
deposited
accused
washington
bank
collection
bank
act
collecting
agent
accused
owner
check
question
determining
issue
liberty
consider
evidence
adduced
actual
transaction
occurred
riggs
bank
check
deposited
check
indorsements
rights
privileges
immediately
accorded
accused
upon
making
deposit
actual
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purpose
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bank
forwarding
check
louis
payment
customary
conduct
usage
bank
banks
washington
time
far
shown
proof
facts
facts
disclosed
proof
find
check
question
fact
deposited
accused
intent
knowledge
part
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part
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account
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agents
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paid
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riggs
bank
time
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check
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intended
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purchaser
check
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owner
subsequent
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louis
payment
act
bank
final
payment
check
trust
company
louis
payment
accused
bank
fact
verdict
sixth
count
must
guilty
careful
scrutiny
evidence
relation
charge
jury
shows
foundation
submitting
jury
question
understanding
arose
transaction
shown
uncontradicted
evidence
defendant
bank
time
various
checks
deposited
bank
proceeds
placed
credit
defendant
agreement
understanding
kind
law
makes
transaction
detailed
proved
uncontradicted
evidence
offered
government
absence
special
agreement
effect
transaction
shall
otherwise
none
asserted
doubt
legal
effect
change
ownership
paper
subsequent
action
bank
taking
steps
obtain
payment
paper
purchased
sense
said
action
agent
principal
act
owner
regard
property
learned
judge
charge
jury
indeed
deny
general
truth
proposition
left
jury
determine
whether
agreement
understanding
made
arrived
parties
time
checks
taken
defendant
bank
altered
legal
effect
transaction
actually
proved
said
slightest
evidence
error
submit
question
jury
general
transaction
bank
customer
way
deposits
customer
credit
drawing
account
customer
constitute
relation
creditor
debtor
said
justice
davis
delivering
opinion
national
bank
republic
millard
wall
ed
speaking
relationship
page
ed
important
part
business
banking
receive
deposits
received
unless
stipulations
contrary
belong
bank
become
part
general
funds
loaned
moneys
banker
accountable
deposits
receives
debtor
agrees
discharge
debts
honoring
checks
depositor
shall
time
time
draw
contract
parties
purely
legal
one
nothing
nature
trust
subject
fully
discussed
lords
cottenham
brougham
lyndhurst
campbell
house
lords
case
foley
hill
cas
concurred
opinion
relation
banker
customer
pays
momey
bank
whose
credit
money
placed
ordinary
relation
debtor
creditor
partake
flduciary
character
great
weight
american
authorities
effect
check
taken
bank
bank
receives
places
amount
credit
customer
relation
creditor
debtor
subsists
principal
agent
principle
held
thompson
riggs
wall
ed
also
marine
bank
fulton
bank
wall
ed
see
also
scammon
kimball
ed
davis
elmira
sav
bank
ed
sup
case
cragie
hedley
contains
statement
rule
follows
per
andrews
chief
judge
general
doctrine
upon
deposit
made
customer
bank
ordinary
course
business
money
drafts
checks
received
credited
money
title
money
drafts
checks
immediately
vested
becomes
property
bank
open
question
commercial
bank
hughes
wend
metropolitan
nat
bank
loyd
transaction
legal
effect
transfer
money
drafts
checks
case
may
customer
bank
upon
implied
contract
part
latter
repay
amount
deposit
upon
checks
depositor
bank
acquired
title
money
drafts
checks
implied
agreement
pay
equivalent
consideration
called
upon
depositor
usual
course
business
metropolitan
nat
bank
loyd
one
cases
referred
judge
andrews
judge
danforth
speaking
effect
placing
check
credit
depositor
account
bank
said
title
passed
bank
checks
subject
control
scott
ocean
bank
cases
cited
opinion
true
express
agreement
made
transferring
check
much
money
delivered
bank
accepted
bank
gave
murray
credit
amount
accepted
enouth
property
check
passed
murray
vested
bank
entitled
draw
money
credited
relation
debtor
creditor
formed
right
murray
command
payment
nature
essence
transaction
hand
bank
owner
check
confer
perfect
title
upon
transferee
therefore
directions
plaintiff
received
gave
credit
upon
account
became
owner
entitled
money
represented
appellant
insists
check
deposited
specific
purpose
collection
property
remained
depositor
evidence
upon
fact
established
consistent
dealings
parties
admitted
circumstances
show
intention
parties
make
transfer
check
absolute
merely
enable
bank
receive
money
upon
murray
agent
principle
set
forth
taft
quinsigamond
nat
bank
mass
case
said
without
bank
receives
upon
deposit
check
indorsed
without
restriction
gives
credit
depositor
cash
drawing
account
form
transaction
consistent
indicates
sale
money
deposited
check
becomes
absolute
property
banker
case
bar
proof
disputed
checks
passed
credit
defendant
unconditionally
without
special
understanding
custom
bank
farward
checks
collection
plain
custom
forward
collection
liability
defendant
indorsement
made
payment
washington
result
total
lack
evidence
sustain
sixth
seventh
eighth
ninth
counts
indictment
therefore
directed
verdict
guilty
counts
case
commencement
crime
one
district
completion
another
statute
either
district
jurisdiction
rev
stat
comp
stat
beginning
offense
missouri
payment
money
washington
commencement
offense
officer
rialto
company
sent
checks
louis
defendant
latter
thereby
begin
offense
missouri
fourth
judgment
must
also
reversed
error
refusal
charge
requested
jury
came
announced
inability
agree
previous
retirement
jury
defendant
counsel
submitted
certain
requests
charge
jury
numbered
seven
ten
eleven
refused
numbers
ten
eleven
referred
checks
effect
transaction
depositing
riggs
bank
instructions
referred
many
questions
arising
case
material
upon
subject
trial
concluded
main
charge
jury
added
asked
counsel
defendant
give
certain
declarations
think
main
covered
charge
yet
give
instructions
requested
defendant
described
abstract
propositions
law
give
connection
charge
perhaps
fully
amplifying
willing
give
inasmuch
asked
contain
general
propositions
law
jury
retired
staturday
evening
following
monday
morning
without
agreeing
returned
charged
relation
duty
jurors
course
charge
said
jury
follows
gather
letter
foreman
may
incorrect
like
ask
foreman
jury
divided
want
know
many
stand
conviction
many
acquittal
know
number
stand
one
way
number
stand
another
way
like
statement
foreman
foreman
eleven
one
jury
stand
eleven
one
gather
communication
light
fact
feel
constrained
make
statement
making
use
language
found
allen
ed
sup
charged
jury
relation
duty
agree
possible
directed
jury
light
comments
made
retire
make
serious
attempt
arrive
verdict
case
counsel
defendant
asked
indicate
jury
requests
charge
theretofore
asked
defendant
given
constitute
much
part
wait
moment
jury
may
retire
krum
beg
honor
state
jury
stop
moment
hear
argument
jury
retire
hear
counsel
anything
say
exceptions
may
wish
take
charge
handed
foreman
jury
charge
instructions
heretofore
referred
directed
jury
retire
consideration
verdict
lehman
believe
requests
charge
manner
made
defendant
given
jury
given
suggestions
made
time
mere
stract
statements
effect
deprive
something
force
intended
mere
abstractions
believed
counsel
specific
reference
case
instructions
well
others
called
attention
jury
must
except
earnestly
power
charge
made
except
allow
exception
krum
desire
presence
jury
ask
honor
indicate
jury
evident
jury
understand
fact
requests
charge
recognized
acquiesced
given
much
part
honor
charge
read
emanating
tell
jury
saturday
krum
submit
apparent
understand
much
controlled
part
instructions
part
evident
inquiry
made
endeavored
answer
request
made
jury
think
done
think
instructed
jury
requested
counsel
defendant
refusal
error
case
great
doubt
minds
jury
deliberated
hours
unable
agree
upon
verdict
requests
charge
originally
made
counsel
defendant
time
received
abstract
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litera
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