State v. Pierson

Citations

• 101 Wash. 318
• 172 P. 236
• 1918 Wash. LEXIS 821

Syllabus

<p>Banks and Banking—Officers—Offenses—Information — Sufficiency; An information charging a bank officer with making a false statement of the assets with intent to deceive the state bank examiner demanding the same, charges the offense of subscribing to a false statement with intent to deceive any person authorized to examine into the affairs of the bank, rather than the offense of making or publishing any false statement of the amount of the assets or liabilities of the bank, both denounced by Rem. Code, § 3314.</p> <p>Criminal Law—Appeal—Objections Not Raised Below—Information—Duplicity. Objections to an information for duplicity cannot be raised for the first time on appeal, nor at any time after plea of not guilty, unless such plea is withdrawn.</p> <p>Banks and Banking •— Officers — Offenses — Statutes — Construction. Rem. Code, § 3314, of the banking act, defining the offense of knowingly subscribing to or exhibiting false or fictitious papers or securities with intent to deceive any person authorized to examine the affairs of the bank, covers an officer’s sworn statement of the assets made upon demand of the state bank examiner, and is not limited to papers that are forged or spurious.</p> <p>Same-—Officers—Offenses—Evidence — Sufficiency. A charge of knowingly subscribing to a false statement of the assets of a bank with intent to deceive the state bank examiner is supported by proof that the statement of the loans and discounts included two drafts amounting to $5,362 which were not owned by the bank, notwithstanding the fact that there was accrued and unpaid interest due the bank and other resources not included in the statement which would equal or exceed the amount of the two drafts.</p> <p>Criminal Law—Appeal—Harmless Error—Evidence. Error cannot be assigned on the admission of testimony that was not materially different from the testimony given by the accused.</p> <p>Same—Appeal—Harmless Error—Instructions. Error cannot be assigned on the reading of the