coffin argued decided march indictment case found december theodore haughey president indianapolis national bank violations foregoing section coffin percival coffin plaintiffs error reed charged therein aided abetted haughey alleged misdemeanors indictment prolix redundant difficult analyze make concise statement contents contains counts alleges various offenses enumerated committed different dates january july counts embrace number acts made misdemeanors statute charges commingled indefinite confusing manner counts however may classified follows aver willful misapplication funds bank specified time precise sum enumerated distinctly described acts although definite date amount indefinite statement precise means alleged crimes accomplished charging willful misapplication funds bank definite amount entirely indefinite date dates upon acts took place also fail specify particular acts wrong accomplished charge false entries books bank charge false entries certain official statements condition bank made comptroller currency first definite time dates amounts included nos first order counts arranged chronologically reads follows grand jurors aforesaid upon oaths aforesaid charge present theodore haughey late said district district aforesaid wit day december year lord said theodore haughey president certain national banking association known designated indianapolis national bank city indianapolis state indiana said association heretofore created organized laws america said association carrying banking business city indianapolis state indiana virtue said office president said bank unlawfully feloniously willfully misapply moneys funds credits said association control intent convert use indianapolis cabinet company persons grand jurors unknown large sum wit sum six thousand three hundred eighteen dollars causing said sum paid moneys funds credits said association upon check drawn upon said association indianapolis cabinet company check cashed paid moneys funds credits said association aforesaid said sum aforesaid part thereof said indianapolis cabinet company entitled withdraw said bank said company funds said association credit said indianapolis cabinet company insolvent said theodore haughey well knew whereby said sum became lost said association said acts aforesaid done intent injure defraud said association president aforesaid said theodore haughey intrusted charged board directors said national banking association custody control care moneys funds credits assets said association general superintendence affairs grand jurors aforesaid say francis coffin percival coffin albert reed unlawfully willfully knowingly feloniously intent injury defraud said association wit day december year lord aid abet said theodore haughey aforesaid wrongfully unlawfully feloniously willfully misapply moneys funds credits said association aforesaid wit sum six thousand three hundred eighteen dollars second third counts substantially like foregoing varying statements date amount method first remaining count head fixing date offense stating amount describes method misapplication accomplished follows indianapolis cabinet company indianapolis indiana presented said bank said theodore haughey president thereof certain bill exchange drawn said indianapolis cabinet company indianapolis desk company london england sum one thousand one hundred pounds sterling due june said bill exchange received said theodore haughey placed credit said indianapolis cabinet company upon books said bank said indianapolis cabinet campany thereupon drew check said sum upon said bank check paid said bank direction said theodore haughey said indianapolis desk company london england owe said indianapolis cabinet company sum whatever said theodore haughey failed refused send said bill exchange forward collection whereby said sum lost said association said sum willfully misapplied use benefit indianapolis cabinet company aforesaid second definite date amount indefinite statement method wrong embraced counts eighth first order time reads follows grand jurors aforesaid upon oaths aforesaid charge present theodore haughey late said district district aforesaid wit day september year lord said theodore haughey president certain national banking association known designated indianapolis national bank city indianapolis state indiana said sociation heretofore created organized laws america association carrying banking business city indianapolis state indiana virtue said office president said bank unlawfully feloniously willfully misapply moneys funds credits said association without authority directors thereof intent convert use indianapolis cabinet company persons grand jurors unknown large sum wit sum three thousand nine hundred sixty dollars cents paying causing said sum paid moneys funds credits said association upon certain divers checks drawn upon said association indianapolis cabinet company checks cashed paid moneys funds credits said association aforesaid said sum aforesaid part thereof said indianapolis cabinet company entitled withdraw said bank said company funds said association credit said indianapolis cabinet company insolvent said theodore haughey well knew whereby said sum lost said association said acts aforesaid done intent injure defraud said association president aforesaid said theodore haughey intrusted charged board directors said national banking association custody control care moneys funds credits assets said association general superintendence affairs grand jurors aforesaid say francis coffin percival coffin albert reed district state indiana aforesaid unlawfully willfully knowingly feloniously intent injure defraud said association wit day september year lord aid abet said theodore haughey aforesaid wrongfully unlawful feloniously willfully misapply money funds credits said association wit sum three thousand nine hundred sixty dollars cents aforesaid counts classification substantially vary date amount third charging willful misapplication funds bank definite amount indefinite date dates upon acts took place also fail specify definite way particular methods wrong embraced counts counts first order time seventeenth follows grand jurors aforesaid upon oaths aforesaid charge present theodore haughey late said district district aforesaid wit day january year lord divers times said date day july year lord said theodore haughey president certain national banking association known designated indianapolis national bank indianapolis state indiana said association heretofore created organized laws america said association carrying banking business city indianapolis state indiana virtue said office president said bank without authority board directors unlawfully feloniously willfully misapply moneys funds credits said association intent convert use indianapolis cabinet company particular description said moneys funds credits grand jurors unknown large amount wit sum three hundred thousand dollars cashing discounting paying use benefit said indianapolis cabinet company funds said association large number worthless insolvent notes drafts bills exchange drawn upon divers persons firms companies corporations insolvent said theodore haughey well knew whereby said sum wholly lost said association intent thereby injure defraud said association president aforesaid said theodore haughey intrusted charged board directors said national banking association custody control care funds credits assets said association general superintendence affairs agent said association transaction business grand jurors aforesaid say francis coffin percival coffin albert reed district state indiana aforesaid unlawfully willfully knowingly feloniously intent injure defraud said association wit day january year lord divers times said date day july year lord aid abet said theodore haughey aforesaid wrongfully unlawfully feloniously willfully misapply moneys funds credits said association wit sum three hundred five thousand dollars aforesaid vagueness date fixed charge somewhat mitigated four counts coming head offense stated committed may divers times said date june june divers times said date july day march divers dates said date day may may divers times date june counts offense said committed january july except one wherein last date averred july instead july sum averred misapplied counts different charged count fourteenth fifteenth thirteenth sixteenth counts date offense stated amount alleged misapplication varies placed others method misapplication alleged accomplished indefinitely stated counts seventeenth quoted instead charging checks notes drafts bills drawn upon divers persons firms companies corporations specified checks notes discounted drawn indianapolis cabinet company exception counts head equally vague regard specific methods misapplication state made paying money bank worthless checks indianapolis cabinet company without giving dates amounts checks allege misapplication brought allowing overdrafts without giving dates overdrafts specifying various checks overdrafting done others allege misapplication accomplished loaning money bank indianapolis cabinet company excess per cent capital stock without giving dates precise amount loans charged misapplication concealed discounting entering credit indianapolis cabinet company number worthless notes bills without stating drawers notes giving dates amounts entries charged made purpose concealing misapplication indeed whatever may difference counts head stated uniformity one respect failure disclose specific methods alleged offenses committed giving dates amounts partial exceptions found counts wherein general charge payment large number worthless insolvent drafts bills exchange large amounts particular description grand jurors unknown executed upon divers persons firms companies corporations large amounts wit followed enumeration certain persons corporations lump sum person corporation named intent misapplication charged committed uniform counts averred misapplications made injure defraud bank certain companies bodies politic bodies corporate individual persons whose names grand jurors unknown others made defraud bank alone entries worthless checks paid paper taken made books bank intent conceal misapplication deceive certain officers corporation whose names grand jurors unknown deceive certain agents appointed appointed comptroller currency etc fourth charge making false entries books embraced counts counts head particular false entry complained date made folio account book entered particular false entry specified except one covers two counts one charging made intent injure defraud association bank averring made deceive agent appointed might thereafter appointed examine affairs bank names said agent agents grand jurors unknown remaining counts belong fifth class relate false entries alleged made statements condition bank furnished comptroller currency trial begun indictment april progressed month consent parties jury discharged corrupt misconduct one jurors thereupon set cause trial may defendants applied continuance upon two grounds accidental wounding leading counsel accused consequent inability take part defense general nature charges involved hundreds transactions covering thousands dollars long period time necessitating examination entries books bank hands officers government denied access thereto refused motion continuance exception duly reserved trial commenced may course trial many exceptions reserved admission rejection testimony went admissibility proffered testimony particular counts also taken admission evidence whatever upon theory entire indictment charged offense therefore proof made objections also reserved comments made upon evidence adduced etc close case prosecution defendants moved oblige government elect specify particular transactions count general counts indictment case wit inclusive upon relies substantive charge upon claim conviction defendants either said election made evidence behalf defendants commenced end may know particular charge count evidence required addressed refusal grant motion exception reserved reason refusing request stated charge jury following language used indicates opinion subject particular acts misapplication described several specific counts must established proof therein tively charged however willful misapplications shown evidence covered special specific counts may included general counts verdict thereon rendered accordingly case went jury prosecution abandoned seventh fiftieth counts indictment thus eliminating one specific counts referred false entries official statements condition bank made comptroller close case defendants proffered written requests charge upon refusing excepted refusal rather thereof charge actually delivered jury defendants reserved exceptions controversy exists whether one exceptions properly taken facts stated bill exceptions follows delivered charge jury retired said desire counsel defendant reserve exceptions charges given refused practice requires shall done jury retires miller course honor please desire behalf defendants reserve exceptions refusal instructions requested refused parts instruction given without little time examine instructions impossible us designate particular parts like time look purpose length time desire miller know honor please long take taken hour read duncan made made time permission far mere verbal changes concerned attention drawn correct objection method procedure miller course anything formal character wo go substance matter expect insist honor see impossible us hearing instructions read hour select parts instructions propose indicating instructions care mislaid lost indicating miller sir course matter every syllable taken two stenographers instructions read possibility trouble take make bailiff taylor may take forms verdict indictment gentlemen jury may retire bailiff bill exceptions time colloquy took place assistant attorney prosecution present room heard conversation assented arrangement thus made minutes afternoon jury retired consider verdict defendants counsel took instructions given typewritten noted thereon inclosing parenthesis mark pencil parts instructions given exceptions taken parts thus marked respectively numbered night defendants counsel returned room handed instructions marked numbered judge open saying parts marked parentheses numbered defendants excepted reserved bill understanding previously immediately thereafter jury reached conclusion brought informed judge within call receive verdict agree time might seal verdict bring monday morning saturday evening may defendants counsel wrote full exceptions various parts charge marked numbered presented declined sign exception considered properly taken understanding counsel stated however signed bill exceptions writing therein narrative facts predicating objection exception ground matter covered merely verbal time parties given right take bill include mere verbal error corrected attention called proper time language contained charge covered disputed exception follows wish understood meaning intent injure deceive defraud conclusively established simple proof prohibited act results injury mean prohibited acts knowingly intentionally done natural legitimate consequence produce injury bank benefit wrongdoer intent injure deceive defraud thereby sufficiently established cast accused burden showing purpose lawful acts legitimate day may jury returned verdict plaintiffs error guilty charged counts indictment ineffectual motion new trial restated various grounds objection raised admissibility evidence indictment also urged charges requested refused defendants moved arrest argument upon motion sustained counts reduced counts specific date amount method second specific amount date specific method third four counts nos specific date method leaving addition counts charging false entries books bank errors assigned number cover objections made rulings trial exceptions based charges requested refused well charges given miller ferdinand winter john elam plaintiffs error asst atty conrad justice white making statement case delivered opinion many exceptions taken trial requests charge refused well exceptions charge given relate counts indictment quashed motion arrest questions therefore eliminated shall hence consider matters pertinent remaining counts shall examine first objections made indictment generally based upon contention counts fail charge offense second exceptions reserved rulings trial effect assail verdict judgment without reference validity indictment making examination shall concentrate errors complained proper order thus obviating repetition matters considered reiterated way objection evidence exception refusal charge requested complaints charges actually gave contended offense stated aiders abettors none counts asserted officers bank occupied specific relation bank made aiding abetting possible language statute fully answers contention provides president director cashier teller clerk agent association adds defining acts made misdemeanors every person like intent aids abets etc phrase person manifestly broader enumeration made first portion statute words unambiguous letter law every president director agent commits designated offenses shall suffer penalties provided every person aids abets officer etc argument one officer agent punished aider abettor hence every person aids abets officer shall go unwhipped justice adopt construction contended destroy letter violate spirit law letter says person aids abets proposition make say officer agent aids abets spirit purpose statute punish president cashier officer agent likewise punish every person aids abets assertion one officer bears official relation bank nature things aid abet official bank misapplication funds argument sound addressed legislative judicial department destroy law theory acts forbids committed words construction asked give deal meaning statute simply involves claim impossible prove commission offense defined law question whether proof shows commission offense one fact law citation made northway sup apposite true said acts charged fuller committed virtue official relation bank acts charged defendant likewise committed official capacity case indictment charged northway president agent aiding abetting fuller cashier bank language quoted referred matter consideration hence incidentally stated proof averment must correspond contention sound particular act aiding abetting consummated must specifically set general rule upon subject stated simmonds follows necessary argued counsel accused set forth special means employed effect alleged unlawful procurement laid general rule indictment soliciting inciting commission crime aiding assisting commission necessary state particulars incitement solicitation aid assistance whart cr law gooding wheat form books give indictment substantially appears bish forms nothing evans sup conflicts views case question whether eighth count stated misapplication funds whether particular acts aiding abetting done necessary set indictment contrary counts held good charged aiding abetting language found indictment hand said evans knowingly unlawfully aid abet said cashier willful misapplication intent said evans injure defraud ect said counts indictment bad charged aiders abettors knew haughey president bank time averred acts committed argument statute says every person like intent aids abets officer etc therefore fact aider abettor knew person misapplied funds officer must specifically charged without considering legal correctness proposition may observed application cause every count specifically avers said theodore haughey president bank virtue said office president aforesaid funds thus fully averred relation haughey bank commission acts complained official capacity intent defraud counts go charge plaintiffs error unlawfully willfully feloniously knowingly intent defraud aid abet haughey aforesaid words aforesaid clearly relate haughey capacity stated committed offense charged body indictment without entering nice question grammar undertaking discuss whether word haughey name words aforesaid follow adverbial think plain unmistakable statement indictment whole acts charged haughey done president bank aiding abetting also knowingly done assisting offcial capacity alone charged misapplied funds contended counts indictment except first insufficient fail aver actual conversion sum misapplied use particular person proposition based cases britton sup northway supra britton case said willful misapplication made offense statute means misapplication use benefit gain party charged person therefore constitute offense willful misapplication must conversion party use use one else funds association essential element offense averred indictment consideration negatived averment shares purchased defendant held trust use association averment conversion defendant use use person funds used purchasing shares counts therefore charge maladministration affairs bank rather criminal misapplication funds northway case said essence crime misapplication conversion funds use defendant person association various counts indictment substantially alike stating conversion take second example charges haughey president indianapolis bank virtue office president said bank unlawfully feloniously willfully misapply moneys funds credits bank intent convert use indianapolis cabinet company causing said sum paid moneys funds credits bank upon check drawn upon bank indianapolis cabinet company check cashed paid funds credit bank sum part thereof said indianapolis cabinet company entitled withdraw bank said company funds bank said company insolvent haughey well knew whereby said sum became lost bank clearly misapplication actual conversion money methods described say paying funds bank designated person person entitled take funds owing insolvency person money lost bank fact count charges intent convert money use indianapolis cabinet company obliterate clear statement actual conversion regard count clearer stronger held sufficient evans supra following request made refused counts indictment except alleges certain facts therein referred unknown grand jury thus counts aver misapplication funds said bank said haughey intent convert use indianapolis cabinet company persons grand jury unknown averment names persons unknown grand jurors material averment necessary proven government order make case said counts said counts charge misapplication single definite fixed sum intent convert use merely cabinet company persons matter fact evidence placed showing tending show names persons unknown grand jury counts government case failed connection ruling bill exceptions evidence whatever subject offered either side nothing indicate knowledge grand jurors matter indictment declared unknown instruction rightly refused presupposes averment person matter unknown grand jury evidence upon subject knowledge offered either side acquittal must follow true rule nothing appears contrary verity averment want knowledge grand jury presumed thus said com thornton gray fact name person fact known must appear evidence case immaterial whether appears evidence offered government offered defendant evidence contrary objection party unknown arise previously com sherman allen observed always open defendant move judge trial order prosecuting attorney give particular description nature specification bill particulars acts intends rely suspend trial done order made whenever appears necessary enable defendant meet charge avoid danger injustice com giles gray king curwood adol el rosc cr ev ed observed none counts prosecution called upon specify remain eliminated action motion arrest concludes examination general objections indictment deem necessary consider brings us exceptions taken refusals charge well reserved charges actually given charge asked refused follows law presumes persons charged crime innocent proven competent evidence guilty benefit presumption defendants entitled presumption stands sufficient protection unless removed evidence proving guilt beyond reasonable doubt although refused give charge yet instructed jury follows find one defendants guilty must satisfied guilt charged counts indictment beyond reasonable doubt may find defendants guilty counts indictment satisfied beyond reasonable doubt evidence justifies finally stating matter fully said justify returning verdict evidence must character satisfy judgment exclusion every reasonable doubt therefore reconcile evidence reasonable hypothesis consistent defendants innocence duty case find defendants guilty weighing proofs looking proofs impartially honestly entertain belief defendants may innocent offenses charged entitled benefit doubt acquit meant proof establish guilt absolute certainty merely convict unless evidence believe defendants guilty beyond reasonable doubt speculative notions possibilities resting upon mere conjecture arising deducible proof want confounded reasonable doubt doubt suggested ingenuity counsel ingenuity legitimately warranted evidence want one born merciful inclination permit defendants escape penalty law one prompted sympathy connected meant reasonable doubt doubt term employed administration criminal law honest substantial misgiving generated proof want state proof fails convince judgment conscience satisfy reason guilt accused whole evidence carefully examined weighed compared considered produces minds settled conviction belief defendants guilt abiding conviction willing act upon weighty important affairs life may said free reasonable doubt find verdict accordance conviction belief fact refused instruct presumption innocence instructed fully subject reasonable doubt principle presumption innocence favor accused undoubted law axiomatic elementary enforcement lies foundation administration criminal law stated unquestioned textbooks referred matter course decisions courts several see tayl ev wills circ ev best pres pt id greenl ev pt etc cr law mag whart ev phil ev cowen hill notes lilienthal tobacco hopt utah sup com webster cush state bartlett alexander people people fairchild people millard com whittaker mass blake state tex app wharton state state tibbetts moorer state greenleaf traces presumption deuteronomy quotes mascardius probationibus show substantially embodied laws sparta athens evidence pt note whether greenleaf correct view question roman law pervaded results maxim criminal administration following extracts show accusers understand prefer charges unless proven proper witnesses conclusive documents circumstantial evidence amounts indubitable proof clearer day code tit noble divus trajan wrote julius frontonus man condemned criminal charge absence better let crime guilty person go unpunished condemn innocent dig tit case doubt merciful construction facts preferred dig tit criminal cases milder construction shall always preserved dig tit cases doubt less safe adopt milder construction dig tit ammianus marcellinus relates anecdote emperor julian illustrates enforcement principle roman law numerius governor narbonensis trial emperor contrary usage criminal cases trial public numerius contented denying guilt sufficient proof adversary delphidius passionate man seeing failure accusation inevitable restrain exclaimed illustrious caesar sufficient deny hereafter become guilty julian replied suffices accuse become innocent rerum gestarum lib rule thus found roman law along many fundamental human maxims system preserved mankind canon law decretum gratiani de presumptionibus corpus juris canonici hispani et indici murillo velarde tom exactly presumption precise words stated part common law involved doubt writer able article north american review january tracing genesis principle says express mention presumption innocence found books common law earlier date mcnally evidence whether statement correct matter moment doubt principle found formal expression writers earlier date yet practice flowed existed common law earliest time fortescue says england put death unjustly crime since allowed many pleas privileges favor life none neighbors men honest good repute probable cause exception find person accused guilty indeed one much rather twenty guilty persons escape punishment death one innocent person condemned suffer capitally de laudibus legum angliae amos translation cambridge lord hale says cases presumptive evidence goes far prove person guilty though express proof fact committed must warily pressed better five guilty persons escape unpunished one innocent person die hale observes thus reasons stand sides though seem stronger former yet case moment safest hold practice hath least doubt danger dubitas ne feceris hale blackstone maintains law holds better ten guilty persons escape one innocent suffer bl comm marg ad finem fully presumption innocence evolved principle applied common law shown mckinley case state tr lord gillies says impossible look treasonable oath alleged mckinley taken without suspecting thinking probable imports obligation commit capital crime impression presumption favor innocence redargued mere suspicion sorry see information public prosecutor treats lightly seems think law entertains presumption innocence listen conceive presumption found every code law reason religion humanity foundation maxim inscribed indelible characters heart every judge juryman happy hear lord hermand inclined give full effect overturn must legal evidence guilt carrying home decree conviction short absolute certainty well settled error refusing give correct charge precisely requested provided instruction actually given fairly covers includes instruction asked tweed case wall railway whitton wall contention inasmuch charge given subject reasonable doubt substantially embodied statement presumption innocence therefore justified refusing terms mention latter presents question whether charge conviction unless proof shows guilt beyond reasonable doubt entirely embodies statement presumption innocence justify refusing requested inform jury concerning latter authorities upon question unsatisfactory texas held duty state presumption innocence along doctrine reasonable doubt even though request made black state tex app priesmuth state id mcmullen state tex app doubtful however whether rulings cases based upon terms texas statute general law indiana held error refuse upon request charge presumption innocence even although clearly stated jury conviction unless guilt proven beyond reasonable doubt long state ind line state ind law indiana contains similar provision texas two michigan cases doctrine reasonable doubt fully fairly stated request charge presumption innocence made held failure menion presumption innocence assigned error reviewing people potter people graney state request charge presumption innocence made refused refusal held erroneous although doctrine reasonable doubt fully given jury people macard hand ohio held error refuse charge presumption innocence charge actually given law required state prove material elements crime beyond doubt moorehead state ohio may paucity authority upon subject results fact presumption innocence elementary instances denial charge upon request rarely occurred view expressed careful article criminal law magazine january volume practice stating principle juries nearly universal cases found error assigned upon failure refusal judge whatever cause authorities directly apposite conflicting hence furnish decisive solution question embarrassed fact cases presumption innocence doctrine reasonable doubt seemingly treated synonymous ogletree state moorer state people lenon cal pac cases however appear direct question made whether presumption innocence reasonable doubt legally equivalent language used simply implying one practically stated jury also loose way imply identity two stephen history criminal law tells us presumption innocence otherwise stated saying prisoner entitled benefit every reasonable doubt volume although best work presumptions fully stated presumption innocence yet note chamberlayne edition author work evidence boston page note asserted presumption obtains meant statement thereof principle law man accused crime must proved guilty beyond reasonable doubt confusion makes necessary consider distinction presumption innocence reasonable doubt original question order determine whether two equivalents must first ascertain accuracy consists presumption innocence conclusion drawn law favor citizen virtue whereof brought trial upon criminal charge must acquitted unless proven guilty words presumption instrument proof created law favor one accused whereby innocence established sufficient evidence introduced overcome proof law created presumption one hand supplemented evidence may adduce evidence constitute elements whch legal elements legal drawn greenleaf thus doctrine men generally violate penal code law presumes every man innocent men transgress therefore evidence received repel presumption legal presumption innocence regarded jury every case matter evidence benefit party entitled evidence pt wills circumstantial evidence says investigation estimate criminatory evidence antecedent prima facie presumption favor innocence party accused grounded reason justice less humanity recognized judicial practice civilized nations presumption must prevail destroyed overpowering amount legal evidence guilt calculated produce opposite belief best presumptions declares presumption innocence juris view taken article criminal law magazine january already referred says presumption nature evidence favor favor accused knowledge communicated jury accordingly duty judge jurisdictions requested requested explain jury charge usual formula doctrine expressed every man presumed innocent guilt proved beyond reasonable doubt accused entitled requests rule law expounded jury equivalent form expression fact presumption innocence recognized presumption law characterized civilians presumptio juris demonstrates evidence favor accused systems law legal presumptions treated evidence giving rise resulting proof full extent legal efficacy concluding presumption innocence evidence favor accused introduced law behalf let us consider doubt necessity condition mind produced proof rsulting evidence cause result proof proof whereas presumption innocence one instruments proof going bring proof reasonable doubt arises thus one cause effect say one equivalent therefore say legal evidence excluded jury exclusion may cured instructing correctly regard method required reach conclusion upon proof actually words exclusion important element proof justified correctly instructing proof admitted evolution principle presumption innocence resultant doctrine reasonable doubt make apparent correctness views indicate necessity enforcing one order may continue exist rome mediaevalists taught wherever doubt existed criminal case acquittal must follow expounders common law devotion human liberty individual rights traced doctrine doubt true origin presumption innocence rested upon enduring basis inevitable tendency obscure results truth truth forgotten ignored admonishes protection vital fundamental principle presumption innocence denied requested one accused crime importance distinction two peculiarly emphasized declined instruct jury presumption innocence said weighing proofs looking proofs impartially honestly entertain belief etc whether thus confining proofs proofs error jury instructed presumption innocence part legal proof need considered since clear failure instruct regard excluded minds portion proof created law bound consider proofs proofs confined matters admitted consideration among elements proof expressly refused included presumption innocence accused entitled benefit whereof jury bound extend addition think exception rulings well taken error contained charge said substantially burden proof shifted circumstances case therefore incumbent accused show lawfulness acts merely verbal fundamental especially considered connection failure state presumption innocence objections specifically raised certain particular counts indictment deem necessary elaborately examine condition case compels us briefly allude thus first count charges receipt placing credit indianapolis cabinet company bill exchange amounting certain number pounds sterling followed averment company thereupon drew check said amount contended check offered show payment money dollars pounds sterling therefore variance indictment proof contention think without merit count charged misapplication sum averred misapplication effected taking bill exchange paying amount words whole context think makes plain charge sum avers misapplied credited result taking bill exchange sum paid upon check cabinet company course immaterial rate rule pounds sterling converted current money sum misapplication amount stated credited consequence taken bill sterling exchange subject counts covering charge false entries books bank following requests made refused considering charges indictment necessary know constitutes false entry books account bank kept purpose accurately truly recording financial transactions bank entry upon books bank alleged transactions never occurred transaction occur falsely recorded false entry entry done officers agents bank correctly set forth detail false entry therefore find evidence instance reference alleged false entry count bank actually given cabinet company credit upon paper presented cabinet company authorized said cabinet company make checks said credit said entry made upon books simply truthful record done false entry true entry indictment far based upon entry sustained haughey president bank received cabinet company drafts bills notes reason insolvency parties reason received gave said cabinet company credit therefor afterwards caused entry credit made upon books bank whatever wrong done matter haughey causing entry made back receiving paper giving credit made entry commit another wrong since duty president bank see books speak exact truth caused done however wrongful may previous acts making exact truthful record books bank crime statute consider charges asked respects unsound yet exception reserved charge actually given well taken therein questions misapplication false entries interblended way difficult understand exactly intended think language used must tended confuse jury leave upon minds impression transaction represented entry actually occurred amounted misapplication entry exactly occurred constituted false entry words entry false though faithfully described actual occurrence unless transaction represented involved full fair value bank thought thus conveyed implied truthful entry fraudulent transaction constitutes false entry within meaning statute think clear making false entry concrete offense committed transaction entered actually took place entered exactly occurred judgment reversed case remanded directions grant new trial