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.
Page 33 U. S. 289
MR. CHIEF JUSTICE MARSHALL delivered the opinion of the
Court.
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.
The United States demurred to this plea, and the defendant
joined in demurrer.
The judges were opposed in opinion on the question whether the
judgment on the demurrer should be entered in favor of the United
States or of the prisoner, which division of
Page 33 U. S. 290
opinion is ordered to be certified to the Supreme Court of the
United States.
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. We are therefore of opinion, that
the matter pleaded is no bar to the indictment, and that the
demurrer ought to be
Sustained. A certificate to this effect is to be
given.
This cause came on to be heard on the transcript of the record
from the Circuit Court of the United States for the District of
Pennsylvania and on the question and point on which the judges of
the said circuit court were opposed in opinion, and which was
certified to this Court for its opinion, agreeably to the act of
Congress in such case made and provided, and was argued by counsel,
on consideration whereof it is the opinion of this Court that
judgment on the demurrer to the second plea pleaded by the
defendant to the indictment filed against him ought to be rendered
for the United States. Whereupon it is ordered and adjudged by this
Court that it be certified to the said circuit court that judgment
on the demurrer to the second plea pleaded by the defendant to the
indictment filed against him ought to be rendered for the United
States.