Reynolds

The defendant Reynolds, having been convicted and sentenced upon a charge of violating section 37 of the federal Penal Code (18 USCA § 88), and section 5209 of the Revised Statutes of the United States (12 USCA § 592), seeks to reverse the judgment upon two grounds assigned as errors; the first, that the court erred in overruling his demurrer to the indictment, and, the second, that the court erred in denying appellant’s motion for a continuance.

In support of the first assignment the appellant claims that in order to properly allege the crime of defrauding a national bank, or a member of the Federal Reserve Bank, it is essential not only to allege that the bank defrauded was such a bank, as was done in this case, but also to allege that the defendant knew that the bank he was defrauding was such a bank. The point is not well taken. If, as alleged, the defendant conspired to defraud a national bank it is immaterial whether or not he knew it to be such a bank. The point does not merit serious discussion. It is also claimed by the appellant that the counts of the indictment (2, 3, and 4) charging that the defendant aided and abetted the defrauding of the bank are insufficient…