V *30 . .. FEDERAL . 1>.EBOBu‘B‘.R.’ ·
  The question nowibeifore .us west determined by Mr. Justice ·MILLEl¢g
in? U.S. v. ZEr*ici,i12._ Myers, Fed. Dec.·§ 2425. It has also, been —·dt>·
cided by the supremecourt of this state, iafter considering severalcited
cases. In Statev. Colt~in,n9O N. C. 7.1;7~,<M.r. Justice Asrm said-:~ , .
· "From an investigation ofgthe authorities upon the subject, our conclusion
is that, to warrantthe conviction of adefendant for such an oifense, it is es-
sential that the defendant should have done some acts, intended, adapted, ap-
proximating, and which in the ordinary and likely course of things. would result
in the commission of a particular crime; and this must be averred in the in-
dictment and proved. " . See, also,_Statc v`. Brown, 95 N. C4 685.
ii, The evidence on the trial of this  was amply suflicient to warrant
theverdict of the jury; but as the `averments in the indictment are not
made with the certainty required by well-settled rules of law the judg-
ment must be arrested. It is so ordered. ` " _
V V V Uivrrnn Smrms v. Cnnormus.
, V(D2Zsrr¢ct Oourl, E. D. Missouri, E. D. February 27, 1888.) .
Bmxs Arm BANKING—NATIONAL`BAli'KS—MAKING Fsnsn ENTRIES—ERASUBES—w
. Rnv. Sr. U. S. § 5209. V V
· The erasure of figures constituting part of a number already written on an
account-book of a national bank and the writing of different iigures in place
. of those erased constitutes "making an entry, " within the meaning of Rev.
St. U. S.   5209, making it Va nriscleineanor for an officer or clerk of a. national
— bank to make, with intent to in ure or defraud, any false entry in any book,
report, or statement of the bank. _ . V
~ On Demurrer to the Indictment. . T
Thomas P. VBa.§haw, U. S. Dist. Atty., for the United States.
_ O. H. Krum, for defendant.
THAYER, J. The demurrer which has been interposed to the second,
·fourth, and sixth counts of the indictment raises the question whether
the erasure of one or more ngures constitutinga. number already written
.,on the books of account of a national bank, and the writing of different
figures in the place of those erased, constitutes " making an entry,"
within the meaning of section 5209, Rev. St. U. S. · ·
That part of the section material to the present inquiry is as follows:
- "Every president, director, cashier, teller, clerk, or agent of any (national
banking) association * * * V who makes any false entry in any book, re·
port, or statement of the association, with intent in either case to injure or
defraud the association, or any other company, body politic or corporate, or
any individual person, or to deceive any oilicer of the association, or any
agent appointed to examine the aiiairs of any such association, * * *
shall be deemed guilty of a misdemeanor, " etc. V ' . ‘
In three counts of the indictment under consideration, being counts
Nos. 1, 3, and 5, the offense is charged generally in the words of the