UNITED STATES V. HEINZE, NO. 2, 218 U. S. 547 (1910)

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U.S. Supreme Court

United States v. Heinze, No. 2, 218 U.S. 547 (1910)

United States v. Heinze, No. 2

No. 671

Argued November 3, 1910

Decided December 5, 1910

218 U.S. 547


United States v. Heinze, ante, p. 218 U. S. 532, followed as to sufficiency of indictment charging an officer of a national bank with violating the provisions of § 5203, Rev.Stat., and as to the jurisdiction of this Court under the Act of March 2, 1907, c. 2564, 34 Stat. 1246.

If the decision of the Circuit Court quashing an indictment is based upon invalidity or construction of the statute upon which the indictment is founded, an appeal lies to this Court under the Act of March 2, 1907, even if the motion to quash be granted as an exercise of the discretion of the court.

The facts, which involve the validity of an indictment for misapplication of funds of a national bank, are stated in the opinion.

Page 218 U. S. 548

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