United States v. Carll - 105 U.S. 611 (1881)


U.S. Supreme Court

United States v. Carll, 105 U.S. 611 (1881)

United States v. Carll

105 U.S. 611

Syllabus

An indictment on sec. 5431 of the Revised Statutes alleging, in the words of the statute, that the defendant feloniously and with intent to defraud did pass, utter, and publish a falsely made, forged, counterfeited, and altered obligation of the United States, but not further alleging that the defendant knew it to be false, forged, counterfeited, and altered is insufficient, even after verdict.

This was an indictment, found in the circuit court on sec. 5431 of the Revised Statutes, by which it is enacted that

"Every person who, with intent to defraud, passes, utters,

Page 105 U. S. 612

publishes, or sells any falsely made, forged, counterfeited, or altered obligation or other security of the United States shall be punished by a fine of not more than five thousand dollars and by imprisonment at hard labor not more than fifteen years."

Each count of the indictment alleged that the defendant, at a certain time and place,

"feloniously, and with intent to defraud the Bank of the Metropolis, which said bank is a corporation organized under the laws of the State of New York, did pass, utter, and publish upon and to the said Bank of the Metropolis a falsely made, forged, counterfeited, and altered obligation and security of the United States"

(which was set forth according to its tenor) against the peace and contrary to the form of the statute.

The defendant, having been tried before Judge Benedict and convicted by the jury under instructions which required them to be satisfied of the facts alleged, and that the defendant, at the time of uttering the obligations, knew them to be false, forged, counterfeited, and altered, moved in arrest of judgment for the insufficiency of the indictment. At the hearing of this motion before Judge Blatchford and Judge Benedict, they were divided in opinion upon the question, stated in various forms in their certificate, but in substance this: whether the indictment, setting forth the offense in the language of the statute, without further alleging that the defendant knew the instruments to be false, forged, counterfeited, and altered, was sufficient, after verdict, to warrant judgment thereon.



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