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CRIMINAL LAWS AFFECTING BANKS.

Sec. 2398. Burglary, second degree, continued.—Every person who shall enter and break into a banking house or bank building in which there shall be at the time any money, notes, checks, goods, wares, merchandise or other valuable things kept or deposited with intent to steal, or commit any felony therein, shall, on conviction, be adjudged guilty of burglary in the second degree. (R. S. 1909, $ 4521.)

See 194 Mo. 345, 353.

Sec. 3343. Obtaining money, goods, by false pretenses.Every person who, with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by any other false pretense, obtain the signature of any person to any written instrument, or obtain from any person any money, personal property, right of action or other valuable thing or effects whatsoever, and every person who shall, with the intent to cheat and defraud another, agree or contract with such other person or his agent, clerk or servant, for the purchase of any goods, wares, merchandise or other property whatsoever, to be paid for upon delivery, and shall in pursuance of such intent to cheat and defraud, after obtaining possession of such property, sell, transfer, secrete or dispose of the same before paying or satisfying the owner or his agent, clerk or servant therefor, shall upon conviction thereof be punished in the same manner and to the same extent as for feloniously stealing the money, property or thing so obtained. (Laws 1911, page 195.)

Representation must be to a past or existing fact, and not a promise as to something to take place in the future. 119 Mo. 425; 93 Mo. 98; 66 Mo. 168.

Offense is within the statute, though the representations contain promises as to the future, together with statements as to past or existing facts. 142 Mo. 403; 159 Mo. 230; 66 Mo. 168; 170 Mo. 346, holding evidence sufficient to bring cause within the statute.

Absurd or irrational representations, where the means are at hand to determine their truth or falsehood, not within the statute. 178 Mo. 350; 196 Mo. 136, holding evidence sufficient to bring false pretenses within the statute.

Where facts have been proved, question of intent is for jury. 95 Mo. 402.

Essential that false pretense be acted upon, and cause injury. 182 Mo. 58; 178 Mo. 350; 49 Mo. 542. See, also, 117 Mo. 641.

Section has no application to exaction of excessive taxes. 87 Mo. 583.

Bill of exchange and promissory note covered by statute. 159 Mo. 230; Id., 160 Mo. 42; 1 Mo. 248.

Mere agent of purchaser who is not party to contract cannot be convicted under this section. 162 Mo. 358.

Where promises made to pay for goods at different place upon their receipt is within statute.

162 Mo. 358.

As to venue, see 109 Mo. 601; 95 Mo. 402; 80 Mo. 589.

Evidence examined and held sufficient to convict. 119 Mo. 447; 212 Mo. 73; 196 Mo. 136.

Indictment.--As to sufficiency of allegations of false pretenses, see 136 Mo. 440; 46 Mo. 395; 19 Mo. 233. Description of property secured or delivery or obtaining of it, see 170 Mo. 346; 170 Mo. 151; 159 Mo. 230; 100 Mo. 571. Charge of fraudulent procuring of signature held sufficient. 118 Mo. 227. Allegation of intent, see 132 Mo. 176; 95 Mo. 163. Must use the word "designedly." 174 Mo. 663. See also, 143 Mo. 334. Indictment held insufficient as to allegation of lack of payment. 106 Mo. 160.

Fraudulently securing a signature to deed is covered by Sec. 4542, 118 Mo. 227. As to securing signature to note, see 75 Mo. 171.

Sec. 3350. Fraudulent acts of agents of corporations. Every officer or agent of any incorporated company or corporation formed or existing under or by virtue of the laws of any of the United States, who shall within this state wilfully and designedly sign or procure to be signed, with intent to issue, sell or pledge, or cause to be issued, sold or pledged, or shall wilfully and designedly issue, sell or pledge, or cause to be issued, sold or pledged, any false or fraudulent certificate or other evidence of the ownership or transfer of any share or shares of the capital stock of such incorporated company or corporation, or any false or fraudulent bond or evidence of debt of such incorporated company or corporation, or any certificate or other evidence of the ownership or transfer of any share or shares in such incorporated company or corporation, or any instrument purporting to be a certificate or other evidence of ownership or transfer of such share or shares, or purporting to be such bond or evidence of debt, the signing, issuing, selling or pledging of which shall not be authorized by the charter and by-laws of such incorporated company or corporation, or some amendment thereof, shall be deemed guilty of a felony, and shall be punished by a fine not exceeding three thousand dollars, and imprisonment in the state prison for a term of not less than three nor more than seven years. (R. S. 1909, $ 4572.)

Sec. 3351. Fraudulent issue of stock.—Every officer or agent of every incorporated company, joint-stock company or corporation formed or existing under or by virtue of the laws of any of the United States, who shall, within this state, knowingly, wilfully and designedly sign or procure to be signed, with intent to issue or pledge, or cause to be issued, sold or pledged, or who shall wilfully, knowingly and designedly issue, sell or pledge, or cause to be issued, sold or pledged, any certificate or other evidence of the ownership or transfer of any share or shares of the capital stock of such incorporated company, joint-stock company or corporation, or any bond or evidence of debt of such incorporated company, joint-stock company or corporation, or any instrument purporting to be a certificate or other evidence of ownership or transfer of such share or shares, or purporting to be such bonds or evidence of debt, without being thereunto first authorized and empowered by such incorporated company, joint-stock company or corporation, and every such officer and agent who shall reissue, sell, pledge or dispose of any surrendered or canceled certificate or other evidence of the ownership or transfer of any such share or shares, or of any right or interest therein, with the intent of defrauding any such corporation or any person or persons, shall be deemed guilty of a felony, and shall be punished by a fine not exceeding three thousand dollars, and imprisoned in the penitentiary not less than three nor more than seven years.

(R. S. 1909, $ 4573.)

Sec. 3358. Fraud by commission merchants, banks, etc.If any commission merchạnt, agent or other person storing or shipping any grain, flour or other produce or commodity, or any cattle, horses, mules, sheep or hogs, or any other thing, or any person to whom any such property is consigned, and who shall come in possession of a bill of lading or warehouse receipt for such property, for or on account of another person or other persons, shall hypothecate, negotiate or pledge such bill of lading or warehouse receipt without the written authority therefor of the owner or consignor of such property; or if, having so disposed of any such bill of lading or warehouse receipt, shall fail to account for and pay over the proceeds thereof forthwith to his principal or the owner of such property, in either or any of such cases he shall be adjudged guilty of fraud, and shall, on conviction, be punished by fine not exceeding five thousand dollars, or by imprisonment in the penitentiary for a term not exceeding five years, or by both such fine and imprisonment: Provided, that nothing herein shall be construed to prevent such consignee or other person lawfully possessed of such bill of lading or warehouse receipt from pledging the same to the extent of raising sufficient means thereby to pay charges for storage and shipment, or advances drawn for on such property by the owner or consignor thereof; and a draft or order by such owner or consignor for advances shall be held and taken to be "written authority" within the meaning of this section, for the hypothecation of such bill of lading or warehouse receipt, to the extent, and only to the extent, of raising the means to meet such draft and to pay such freights and storage. (R. S. 1909, § 4581.)

Sec. 3365. Bank officer receiving deposits, when a felony.If any president, director, manager, cashier or other officer of any banking institution, or the owner, agent or manager of any private bank or banking institution, or the president, vice-president, secretary, treasurer, director or agent of any trust company or instï

tution doing business in this state, shall receive or assent to the reception of any deposit of money or other valuable thing in such bank or banking institution or trust company or institution, or if any such officer, owner or agent of such bank or banking institution, or if any president, vice-president, secretary, treasurer, director or agent of such trust company or institution, shall create or assent to the creation of any debts or indebtedness, in consideration or by reason of which indebtedness any money or valuable property shall be received into such bank or banking institution or trust company or institution, after he shall have had knowledge of the fact that such banking institution or trust company or institution, or the owner or owners of any such private bank, is insolvent or in failing circumstances, he shall be deemed guilty of larceny, and upon conviction thereof shall be punished in the manner and to the same extent as is provided by law for stealing the same amount of money deposited, or valuable thing: Provided, that the failure of any such bank or banking institution or trust company or institution shall be prima facie evidence of knowledge on the part of any such officer or person that the same was insolvent or in failing circumstances when the money or property was received on deposit. (R. S. 1909, $ 4586.)

Section constitutional. 152 Mo. 522; 131 Mo. 464.

Fact that owner of private bank, on account of failure to comply with the law, is doing an unauthorized business, is no defense. 108 Mo. 622; Id., 120 Mo. 479.

Receiving separate deposits from different persons constitutes separate offenses. 146 Mo. 207.

As to what creates an indebtedness within meaning of section, see 131 Mo. 464.

As to the assent by defendant to the reception of deposits by an employe, see 131 Mo. 464.

Provision making subsequent failure of bank prima facie evidence of knowledge of insolvency is constitutional. 120 Mo. 479. Such evidence makes prima facie case unless rebutted. 216 Mo. 466; 152 Mo. 522. See, also, 146 Mo. 207.

Check drawn in favor of prosecuting witness on another bank and deposited with defendant's bank to his credit is a deposit. 216 Mo. 466.

Not necessary that owners of private bank be insolvent to constitute offense. 216 Mo. 466.

Financial panic at time of receipt of deposit will not excuse defendant. 146 Mo. 207.

As to sufficiency of allegation of receipt of deposit, see 131 Mo. 464; 134 Mo. 238

Sec. 3370. To prevent persons advertising as bankers.Any person, association of persons, company or corporation not engaged in the business of banking under the laws of the United States or of the State of Missouri, using the words “bank, banker, bankers or banking” to designate his or their business on a painted or printed sign at his or their place of business, or in a newspaper or any other kind of advertisement, or in a letterhead, or on an envelope used by him or them, shall be deemed guilty of misdemeanor, and upon conviction fined not less than one hundred dollars. (R. S. 1909, § 4587.)

Sec. 3427. Counterfeiting coin, second degree.—Every person who shall counterfeit, or cause or procure to be counterfeited, any gold or silver coin, at the time current within this state by law or usage, or in actual use or circulation within the state, or shall make or cause to be made any false or counterfeit coin, in imitation or similitude of any gold or silver coin so current or in actual use or circulation within this state, shall, if such offense be not punishable by the laws of the United States, on conviction, be adjudged guilty of forgery in the second degree. (R. S. 1909, § 4642.)

Genuine coin must be current at time counterfeit is made. 7 Mo. 177.
As to validity of acts covered by Federal statutes, see 44 Mo. 181.

Sec. 3428. Forgery of bills, notes, etc., second degree.Every person who shall forge or counterfeit, or falsely make or alter, or cause or procure to be forged, counterfeited or falsely made or altered: First, any promissory note, bill of exchange, draft, check, certificate of deposit, or other evidence of debt, being or purporting to be made or issued by any bank incorporated under the laws of this state, or of any other state, territory, government or country; or, second, any order or check being or purporting to be drawn on any such incorporated bank, or any cashier thereof, by any other person, company or corporation shall, upon conviction, be adjudged guilty of forgery in the second degree. (R. S. 1909, § 4643.)

Offense here provided for is distinct from that under Sec. 3429. 152 Mo. 115.

As to descriptixn of note or check in indictment, see 75 Mo. 382; 86 Mo. 33; 157 Mo. 83.

Indictment must charge that act was done feloniously. 219 Mo. 721.
As to allegation of alteration, see 166 Mo. 575.
As to sufficiency of verdict, see 7 Mo. 177.

Sec. 3429. Uttering forged notes, etc., second degree.Every person who shall, exchange or deliver, or offer to sell, exchange or deliver, or receive upon a sale, exchange or delivery for any consideration, any falsely-made, altered, forged, or counterfeited note, check, bill, draft or other instrument, the falsely making, altering, forging or counterfeiting of which is by the last section declared to be an offense, knowing the same to be falsely made, altered, forged or counterfeited, with intent to have the same altered or passed, shall be adjudged guilty of forgery in the second degree. (R. S. 1909, § 4644.)

Section intended to cover forgery of bank note. 44 Mo. 181. Not necessary that genuine bank notes of denomination forged have been issued. 30 Mo. 236. Offense provided for in this section is a distinct offense from that provided for under Sec. 3428, and an acquittal under one is no bar to the other. 152 Mo. 115.

Evidence of sale held sufficient. 171 Mo. 562; 30 Mo. 236. Evidence of offer of sale held insufficient. 167 Mo. 366.

As to sufficiency of evidence of criminal intent, see 116 Mo. 505. Allegations in indictment held sufficient. 65 Mo. 116. As to allegations of sale and delivery, see 167 Mo. 366; 130 Mo. 468; 117 Mo. 181.

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