Stephen Johnson Field

“ No doctrine is more essential for the protection of a party accused of a criminal offense, and none should be more rigidly enforced, than this: that the facts alleged by way of accusation, if admitted to be true, must be inconsistent with the inference of his innocence of the offense charged, arising from the usual conduct of innocent parties in such cases. ”

“ A party is not to be condemned by the multitude or opprobriousness of the adjectives applied to his conduct or motives, unsupported by the facts, or, as said by Lord Chief Justice Holt, 'a fact that appears to be innocent cannot be made a crime by adverbs of aggravation.' Fraud is a conclusion of law from facts respecting the transaction designated, and if they do not necessarily tend to such conclusion the allegation falls to the ground, however often repeated, or with whatever amount of earnost asseveration. ”

“ It is within the experience of every one that checks thus drawn are often honored, even with a knowledge of the drawer's inadequate deposit. Other facts beside such knowledge by the drawer must be shown, to justify the imputation of criminal intent to him. A demurrer was interposed to the counts mentioned on the ground that they did not aver that the checks in question were presented to the Keystone Bank for payment, and that payment was refused, and that the bank thereby became a loser. ”

“ A surrender is usually made upon some right or claim, or upon coercion. The latter is not suggested here, and surrender is consistent with some useful purpose in the enforcement of a claim or right to the note. ”

“ In the indictment in Case No. 922, 14 Sup. Ct. 934, the defendant in some of the counts is charged with aiding and abetting the cashier in misapplying the funds of the bank by surrendering to the defendant unpaid notes, which the bank had discounted, and still held, without receiving for them the amount thereof, or any part of it; in some, also, with aiding and abetting the cashier to misapply the funds by discounting unsecured notes; in some, also, with aiding and abetting the cashier to misapply the funds through overdrafts. ”

“ The four general counts are manifestly insufficient, as they wholly fail to aver the means by which the alleged misapplication of the funds was made by the defendant, or attempted by him, in conspiracy with the president or cashier, or in aiding and abetting them. ”

“ If they will not bear the scrutiny given to them, none will. The grounds of the demurrer to them will be designated when the counts are separately considered.
With reference to indictments for statutory offenses, there are certain rules which govern their construction. It is usually sufficient, in such cases, to set forth the offense in the language of the statute, if it be accompanied by a statement of such facts and circumstances as will inform the accused of the specific offense, coming under the general description of the statute, with which he is charged. ”