United States v. Randenbush - 33 U.S. 288 (1834)
U.S. Supreme Court
United States v. Randenbush, 33 U.S. 8 Pet. 288 288 (1834)
United States v. Randenbush
33 U.S. (8 Pet.) 288
The defendant was indicted in April, 1833, in the circuit court for the District of Pennsylvania, for passing a counterfeit note of the denomination of ten dollars purporting to be a note of the Bank of the United States with intent to defraud the bank, &c. He pleaded that the note described in the indictment had been heretofore given in evidence on the trial of the defendant upon a former indictment found against him for passing another counterfeit ten dollar note, upon which indictment he had been acquitted.
By the court:
"The offense for which the defendant was indicted, and to which indictment he pleaded the plea of a former acquittal, was entirely a distinct offense from that on which the verdict of acquittal was found. The plea does not show that he had ever been indicted for passing the same counterfeit bill, or that he had ever been put in jeopardy for the same offense. The matter pleaded is no bar to the indictment."
The defendant was indicted in April, 1833, in the Circuit Court for the District of Pennsylvania for passing a counterfeit note of the denomination of ten dollars, purporting to be a note issued by the Bank of the United States, with intent to defraud the bank, scienter, &c.
He interposed three several pleas to this indictment, in the second of which he avers that the note described in the indictment, &c., was heretofore given in evidence, with the facts and circumstances attending the said passing thereof on the trial of defendant upon a certain former indictment found against him for passing another ten dollar counterfeit note, to sustain that indictment, and that he was thereupon acquitted, &c.
To this plea the United States demurred, and the defendant joined in demurrer, but as the opinions of the judges were opposed as to the judgment to be given thereon, the case was certified for the opinion of this Court.