Commonwealth v. Hazlett

Citations

• 16 Pa. Super. 534
• 1901 Pa. Super. LEXIS 106

Syllabus

<p>Banks and banking^-Receiving deposit when bank is insolvent — Criminal law — Aet of May 9, 1889, P. L. 145.</p> <p>The purpose of the Act of May 9, 1889, P. L. 145, was to protect all depositors, or intended depositors, from imposition by bankers who, knowing the bank to be insolvent, continued to receive deposits.</p> <p>The Act of May 9, 1889, P. L. 145, was not merely aimed at the carrying on of business by an insolvent bank, but it dealt with specific acts and measured the punishment, in part, by the amount of money obtained by the offender as the result of each specific violation. A banker who under the forbidden conditions, receives deposits from two or more different persons, upon the same day, is guilty of two or more separate and distinct offenses. An indictment charging such unlawful receipt of money from A. would not be supported by proof of such a receipt of money from B. Neither a conviction nor an acquittal, upon such an indictment, charging a deposit to have been made by one person, is a bar to a subsequent prosecution charging a distinct deposit made by another person.</p> <p>Practice, Q. 8. — Pleading—Plea in bar — Demurrer.</p> <p>On demurrer to a plea in bar the court will consider the whole record, and give judgment for the party who, on the whole, appears to be entitled thereto. If the plea is former acquittal, the question whether the former acquittal was for the same offense depends upon the record pleaded, and not on the arguments or inferences deduced therefrom.</p> <p>Banks and banking — Receiving deposits when insolvent — Pleading— Former acquittal — Act of May 9, 1889, P. L. 145.</p> <p>Where on an indictment for receiving money when a bank was insolvent, the defendant files a plea of former acquittal, averments in the plea that in the former case the defendant admitted receiving the money from the prosecutor therein named, and that the only issue was whether he received it when the bank was insolvent, knowing it to be insolvent, are i