Stephen R. Benchwick v. United States

The defendant, a depositor in the Aiea Branch of the Bank of Hawaii, was found guilty of having aided and abetted the Branch Manager in the willful misapplication of the funds of the Bank. The case was tried to the Judge, the defendant having waived a jury. The defendant’s principal contention on this appeal is that the evidence was insufficient to sustain the conviction. The defendant also urges that the District Court erred: (1) in refusing to-enter special findings of fact at the close of the government’s case; and (2) in admitting evidence as to certain events which occurred subsequent to the period covered by the information. We have concluded that the evidence was sufficient and that there was no reversible error in the rulings referred to. We therefore affirm.

The essential facts are not in dispute. Late in 1958 the defendant began trading in the stock market. During the period December 19, 1958, through December 17,1959, he drew 22 checks on his account at the Aiea Branch of the Bank of Hawaii payable to his broker for the purchase of securities. The first three cheeks were paid by the Bank and charged to the defendant’s account in the normal manner. A fourth check in the…