Oliver Wendell Holmes, Jr.

“ The statute punishes any officer of a Federal reserve bank who makes any false entry in any book of the bank with intent, etc. The Government contends for the most literal reading of the words, and that every such entry is a separate offense to be separately punished. But we think that it cannot have been contemplated that the mere multiplication of entries, all to the same point and with a single intent, should multiply the punishment in proportion to the complexity of the bookkeeping. ”

“ However unlikely it may be that there was a different intent at the time of the later act from that with which the entries were made in the books of the bank, it is entirely possible that the defendant supposed himself to be acting lawfully at the earlier moment, but that he had acquired more accurate knowledge before he signed the report, that he then knew that it was false and was guilty then although not before. ”

“ It is a present affirmation as to the resources of the bank-a document different from the books of the bank and having a different purpose. But although not technically a former acquittal, the judgment was conclusive upon all that it decided. United States v. Oppenheimer, 242 U.S. 85, 37 S.C.t. 68, 61 L. Ed. 161, 3 L. R. A. 516. ”