Commonwealth v. Rockafellow

Citations

• 163 Pa. 139
• 29 A. 757
• 1894 Pa. LEXIS 1156

Syllabus

<p>Criminal law—Banker— Insolvency—Deposit—Embezzlement—Indict ment—Act of May 9, 1889.</p> <p>Under the act of May 9,1889, P. L. 145, which provides that any banker who shall1 receive money from a depositor with the knowledge that he, the banker, is at the time insolvent, shall be guilty of embezzlement, an indictment is sufficient which charges that defendant, being a banker and knowing that he was insolvent, received money from a depositor.</p> <p>The offence defined by the act is the fraudulent receipt of the money of a depositor, and it is immaterial that the act describes it as “ embezzlement.” The act cannot be nullified by a construction which reads into its provisions the definition of “ embezzlement.”</p>