EVANS v. U S(1894)
H. L. Carson and R. E. Shapley, for plaintiff in error.
Asst. Atty. Gen. Conrad, for the United States.
Mr. Justice BROWN delivered the opinion of the court. [153 U.S. 608, 609] As the verdict of guilty was rendered upon all the counts, and the sentence did not exceed that which might properly have been imposed upon conviction under any single count, such sentence is good, if any such count is found to be sufficient. As the 14th, 15th, and 16th counts of this indictment are the same as the 8th, 9th, and 10th of the other indictment, which were held to be good, except that the defendant is charged with aiding and abetting the president, instead of the cashier, in the fraudulent misapplication of the Nettleton notes, and the 20th bears the same resemblance to the 14th of the other, it follows that these counts are also good; and the judgment of the court below is therefore affirmed.
Mr. Justice FIELD dissented. See opinion, 14 Sup. Ct., infra.