Charlet, were residents of Nashville, Tenn., and interested, as officers, agents, employees, or otherwise, in a number of business enterprises in that State, including banks, newspapers, brokerage and insurance firms.

The defendants, Luke Lea, Luke Lea, Jr., and E. The said Davis was also president of the Central Securities Company of Asheville, a company affiliated with the bank.

Charles Bradford were president and cashier respectively, as well as directors, of the *Ĭentral Bank and Trust Company, a banking corporation chartered under the laws of this State with its principal place of business at Asheville, N.C. Preliminarily, it may be stated that, at the times material to the charges laid in the indictments, Wallace B. Charles Bradford being officers and directors of the Central Bank and Trust Company - are charged, pursuant to a criminal conspiracy, with the fraudulent and felonious misapplication of more than a million dollars of the funds, credits and property of the said Central Bank and Trust Company on or about 19 November, 1930, contrary to the form of the statute in such case made and provided and against the peace and dignity of the State. In this count (single count bill), the defendants and J. Davis being an officer, director and employee of the Central Bank and Trust Company, to cheat, defraud or injure the said Central Bank and Trust Company, and to misapply its moneys, funds and credits to the amount of $100,000 on or about 8 October, 1930, contrary to the form of the statute in such case made and provided and against the peace and dignity of the State. In this count the defendants are charged with conspiracy, in that, it is alleged they feloniously agreed, conspired and confederated among themselves and with J. All of these counts are of the same tenor as the first, except they differ in amounts and dates, and cover the period from 10 May to 23 October, 1930.) (There was a verdict of not guilty as to all the defendants on the second and third counts in said bill, while the fourth count was not submitted to the jury (because included in the fifth), and the verdict on the sixth count was set aside. Davis being an officer, director and employee of the Central Bank and Trust Company, to cheat, defraud or injure the said Central Bank and Trust Company and to misapply its moneys, funds and credits to the amount of $300,000 on or about 8 October, 1930, contrary to the form of the statute in such case made and provided and against the peace and dignity of the State. Criminal prosecution tried upon the following indictments: *

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