Page:Federal Reporter, 1st Series, Volume 10.djvu/886

37e FEDSBAIi BEPOBTEB. �But the act charged is the taking of the oath. The circumstances under which the oath was taken are introduced to show that the oath was authorized by law. Matter showing that the report which the accused verified by his oath was made in pursuance of a request from the comptroller of the currency, and in aecordance with a form pre- scribed by him, would be, therefore, matter of inducement, and in- ducement does not, in general, require exact certainty. This indict- ment contains the averment that the report in question was "made to the comptroller of the currency and verified, as aforesaid, as by law required." I am not prepared to say that authority cannot be found for holding such an averment in regard to such matter suffi- cient after verdict to warrant judgment on the conviction. See Rez V. Salishury, 4 T. B. 451; Rex v. Bidwell, 1 Den. G. G. 222. �The motion to quash is accordingly denied. ���United States v. Baetow.* (Œrauit Court, S. D. New York. February 18, 1882.) �1. IkDICTMENT tJNDEB SECTION 5209, ReV. St. — SCTFFICIENCT OP. �An indictment under section 5209, Rev. St., which charges themaking of a false entry in a report with intent to deceive the comptroller of the currency, cannot be sustained, as he is not an agent appointed to examine the affaira of a national bank within the meaning of the statute. �2. Bamb — Samb. �Where, in an indictment under said section, a bank offlcer was charged with making a report with intent to deceive " whereby, by means of a false entry therein by him m&ae," held, upon amotion to quash, that this language might be sufflcient to support a flnding that he made a false entry in a report within the meaning of the statute. �Benediot, D. J. This is a motion to qtlaah an indictment framed under section 5209 of the Revised Statutes, by which statute it is made an offence for any cashier of a national bank to make any false entry in any report or statement of the association with intent to defraud the association, or to deceive any ofiScer of the association or any agent appointed to examine the affairs of such association. The indictment is curiously framed, and under other circumstances Ishould have little hesitation in directing it to be quashed. But the lapse of time since the date of the alleged offence is such that it is now too �♦Reported by 8. Nelson White, Esq., of the New York bar. ��� �