MULLONEY

v.

UNITED STATES

Citator

Cited By (26 total)

• United States v. Jenkins, 420 U.S. 358 (U.S. 1975)
  …s this area important though unilluminated by prior decisions of this Court. A general finding of guilt by a judge may be analogized to a verdict of “guilty” returned by a jury. Mulloney v. United States, 79 F. 2d 566, 584 (CA1 1935), cert. denied, 296 U. S. 658 (1936). In a case tried to a jury, the distinction between the jury’s verdict of guilty and the court’s ruling on questions of law is easily perceived. In a bench trial, both functions are combined in the judge, and a general finding of “not guilt…
• United States v. Cauble, 706 F.2d 1322 (5th Cir. 1983)
  …ome eases state that the bank’s consent to a loan is a complete defense to a willful misapplication charge,121 it is not clear that consent alone is an absolute bar. Thus, in Mulloney v. United States, 79 F. 2d 566, 583 (1st Cir.1935), cert. denied, 296 U.S. 658, 56 S.Ct. 383, 80 L.Ed. 468 (1936), the court said: “It is, no doubt, true that consent by a bank to a loan would be a defense to the crime of willful misapplication, since there could be no conversion of funds if there was a valid consent by the ba…
• United States v. Wilson, 500 F.2d 715 (5th Cir. 1974)
  …willfulness.” United States v. Heinze, 161 F. 425 (2 Cir. 1908), United States v. Fortunato, 402 F. 2d 79 (2 Cir. 1968), cert. den. 394 U.S. 933, 89 S.Ct. 1205, 22 L.Ed.2d 463 (1969), Mulloney v. United States, 79 F. 2d 566 (1 Cir. 1935), cert. den. 296 U.S. 658, 56 S.Ct. 383, 80 L.Ed. 468 (1935). In fact, courts have generally held that the gist of the offense of willful misapplication is the conversion of funds of a federally insured bank by one connected in some capacity with the bank either to his own…