United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Britton, 108 U.S. 192 (1883)

United States v. Britton

Decided April 2, 1883

108 U.S. 192

Syllabus

It is no violation of the provisions of § 5440 Rev.Stat., subjecting to penalties persons conspiring to commit an offense against the United States, and persons doing acts to effect the object of the conspiracy, and no violation of § 5209 Rev.Stat., subjecting to punishment a president or a director of a national bunking association who willfully misapplies the money, funds, or credits of the association if the president and such a director conjointly cause shares in the capital stock of such association to be purchased with the money of the association, and held on trust for its benefit.

Indictment for conspiracy by Britton as president and Bates as director of a national banking association to injure and defraud the association by tivilful misapplication of its money. Rev.Stat. §§ 5209, 5440. The acts which formed the subject of the alleged conspiracy are the same which are set forth in the counts in the indictment from 77 forward in United States v. Britton, 107 U. S. 655, and which were there held, when not charged as a conspiracy, not to be violations of the statutes.