THURSTON v. UNITED STATES

No. 4833.

17 F.2d 770 (1927)

THURSTON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 28, 1927.


Attorney(s) appearing for the Case

Wm. A. Hallowes, Jr., and Miles W. Lewis, both of Jacksonville, Fla., for plaintiff in error.

Wm. M. Gober, U. S. Atty., of Tampa, Fla., and Francis L. Poor, Asst. U. S. Atty., of Jacksonville, Fla.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

Thurston was convicted of the willful misapplication of the funds of a national bank, while he was manager of its discount department, in violation of R. S. § 5209 (Comp. St. § 9772).

Entries in the bank's records disclosed the collection of $440 as interest on a certain account held by the bank, and a failure to give credit for a corresponding, or any, amount. That such failure was intentional, and not due to a mistake in bookkeeping...

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