Cochran v. United States (157 U.S. 286)

by Henry Billings Brown

United States Supreme Court

157 U.S. 286

Cochran  v.  United States

This was a writ of error to review a condiction of William H. Cochran, president, and Robert H. Sayre, assistant cashier, of the First National Bank of Del Norte, Colo., for making a false entry in a report to the comptroller of the currency. On November 22, 1893, the grand jury presented three separate indictments against the plaintiffs in error, which were numbered 959, 960, and 992, respectively. These indictments were identical in language, except so far as it was necessary to change them so that the plaintiffs in error could both be charged as principals and as accessories of each other. In No. 959 both were charged as principals, for making false entries in their reports. In No. 960 Sayre was charged with making, and Cochran with aiding, abetting, and procuring Sayre to make, such false entries; and in No. 992 Cochran was charged with making, and Sayre as an accessory.

Each indictment contained 12 counts, and, on motion to quash, the tenth, eleventh, and twelfth counts of each indictment were held to be insufficient. On May 11, 1894, the three indictments were consolidated and tried as one, and on June 6, 1894, the defendants were convicted upon the first count of the indictment originally numbered 960.

Whereupon, defendants sued out this writ of error.

C. S. Thomas and E. F. Richardson, for plaintiffs in error.

Sol. Gen. Conrad, for the United States.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.

Notes