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UNITED STATES v. KLOCK

No. 7, Docket 22474.

210 F.2d 217 (1954)

UNITED STATES v. KLOCK et al.

United States Court of Appeals, Second Circuit.

Decided January 25, 1954.

Attorney(s) appearing for the Case

Anthony F. Caffrey, U. S. Atty., for the Northern Dist. of N. Y., Syracuse, N. Y. (Robert J. Leamy, Asst. U. S. Atty., Oneonta, N. Y., of counsel), for appellee.

William W. Barron, Washington, D. C., Paul R. Shanahan and Robert K. Murray, Syracuse, N. Y. (William J. Barron, New York City, of counsel), for appellants.

Before CLARK, FRANK and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

1. Sufficiency of the evidence.

We have examined the record carefully and think there was ample evidence to support the verdict. Lack of knowledge or consent by the bank is not an element of the crime; Mulloney v. United States, 1 Cir., 79 F.2d 566, 581. Since the allegation in the indictment of such lack of knowledge and consent was therefore surplusage, there was no need for the government...

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