Brown

Brown v. Fitzgerald

Good Law
39 F.2d 870·1930 U.S. App. LEXIS 4168
United States Court of Appeals for the Ninth CircuitApril 8, 1930No. 6014California1,317 words

Opinion

Lead Opinion

Wilbur, J.

The appellant is in custody under an extradition warrant issued by the Governor of California upon the requisition of the Governor of Washington upon an indictment alleging, or attempting to allege, the commission of a felony in violation of the provisions of section 56 of the State Banking Act of Washington passed in 1917 (Laws of Washington, 1917, p. 299, § 56, now embodied in Remington’s Comp. Stats, of Washington of 1922, § 3263). This section is as follows:

The indictment is in five counts, each of which alleges in general terms the violation of such section as follows:

After this general allegation the first count of the indictment states that on the 10th day of January, 1927, the appellant filed with Hayes & Hayes, Inc., bankers, a certain paper purporting to be a financial statement of appellant’s assets and liabilities as of the date December 31,1926, wherein he falsely stated his assets to be $1,005,118.52, whereas in fact they were worth $900,000 less than that amount. It is specifically alleged that this statement was made with the intention of deceiving the bank examiners authorized to examine into the affairs of such banking corporation. The second count alleged…

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