State v. Larson

Citations

• 119 Wash. 123
• 204 P. 1041
• 1922 Wash. LEXIS 734

Syllabus

<p>Banks and Banking (4-1) — Offenses—Unlawful Loans — Information. Under Rem. Comp. Stat., § 3259, making it a felony to loan bank funds to an officer of the bank without procuring authority by a resolution of the directors, an information charging a consummated loan is sufficient, notwithstanding it charges that the resolution was not first procured; since a subsequent approval would be no defense.</p> <p>Banks and Banking (4-1) — Criminal Law (110) — Evidence of Other Crimes. The offense of loaning the funds of a bank to an officer without procuring the necessary authority involves no element of intent or motive; hence it is error to admit evidence of other like offenses or of a custom to pursue that method.</p> <p>Criminal Law (229) — Trial—Scope of Evidence in Rebuttal. In a prosecution for unlawfully loaning the funds of a bank, evidence of other like offenses is not admissible in rebuttal, because of defendant’s statements on cross-examination as to defendant’s request to another officer to have the loan attended to in the regular way.</p> <p>Banks and Banking (4-1) — Criminal Law (458) — Sentence— Extent of Punishment. Under Rem. Comp. Stat, § 3259, making it a felony to loan bank funds to an officer of the bank without a resolution of the directors, the court can only sentence defendant to the penitentiary, and not for a misdemeanor.</p>