aiding and abetting a violation of 18 U.S.C. Sec. 656
How later courts described this case
- aiding and abetting a violation of 18 U.S.C. Sec. 656
Written by the judges who cited it.
The opinion
BAILEY BROWN, Chief District Judge,
concurring.
I concur in the majority opinion. I would also point out that, as I construe the charge to the jury, the appellant, Franklin, could be found guilty of willfully aiding and abetting a misapplication of bank funds under 18 U.S.C. § 656 if he aided and abetted in the making of a kickback to the bank president. A misapplication under § 656 is a felony while the receipt of a kickback under 18 U.S.C. § 215 is only a misdemeanor. Thus it appears to me that, to this extent, the charge was erroneous and that therefore a new trial would be required in any event.