62

Case No. 15,274.

UNITED STATES v. HADE.

District Court, N. D. Ohio.

1877.

NATIONAL BANKS—EMBEZZLEMENT BY CASHIER—INDICTMENT BY GRAND JURY.

On motion to quash an information for abstracting and misapplying funds of a national bank, held, that the charge of misapplying the funds of a national bank by its cashier is a charge of an “infamous crime,” which, under the constitution of the United States, must be instituted by indictment of a grand jury, and cannot be prosecuted by a mere information filed by the district attorney with the assent of the court. The information was quashed.

[Decided by WELKER, District Judge. Nowhere reported; the opinion filed in clerk's office. The statement of the points determined was taken from 10 Chi. Leg. News, 22.]

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