United States Supreme Court Cases & Opinions

U.S. Supreme Court

Baender v. Barnett, 255 U.S. 224 (1921)

Baender v. Barnett

No. 614

Argued January 11, 1921

Decided February 28, 1921

255 U.S. 224

Syllabus

1. Criminal Code § 169, declaring that whoever, without lawful authority, shall have in possession any die in the likeness or similitude of a die designated for making genuine coin of the United States shall be punished, is not intended to make criminal a possession which is not conscious and willing. P. 255 U. S. 225.

2. A statute defining a crime in general terms should be so construed as to avoid manifest injustice and possible unconstitutionality. Id.

3. In appropriate, if not necessary, support of the power to coin and regulate the value of money (Const. Art. I, § 8, cl. 5), Congress has power to penalize the conscious and willing possession of dies, as in Crim.Code, § 169. P. 255 U. S. 226.

4. The clause relating to the punishment of counterfeiting securities and coin (Const. Art. I, § 8, cl. 6) is not a limitation upon the power to protect the coinage. Id.

Affirmed.

The case is stated in the opinion.