United States v. Howell
Supreme Court of the United States
On a certificate of division between the judges of the Circuit Court for the District of California. Howell was indicted for passing counterfeit treasury notes, under the sixth section of the act of February 25th, 1862,* which provides: “ That if any person or persons shall falsely make, forge, counterfeit, or alter, or cause or procure to be falsely made, forged, counterfeited, or altered, or shall willingly aid or assist in falsely making, forging, counterfeiting, or…
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On a certificate of division between the judges of the Circuit Court for the District of California. Howell was indicted for passing counterfeit treasury notes, under the sixth section of the act of February 25th, 1862,* which provides: “ That if any person or persons shall falsely make, forge, counterfeit, or alter, or cause or procure to be falsely made, forged, counterfeited, or altered, or shall willingly aid or assist in falsely making, forging, counterfeiting, or altering any note, bond, coupon, or other security issued under the authority of this act, or heretofore issued under acts to…
1Opinion of the CourtJustice Miller
The judges of the circuit have certified to this court five questions arising on the indictment. The first question is, whether the second count of the indictment is bad as being in itself repugnant, and the four other questions relate to a similar repugnancy in the statute under which the indictment is framed. As the count to which the first'question refers pursues the language of the statute, all the questions resolve themselves into the single one of whether the act, so far as it relates to altering and publishing forged or coun terfeit notes of the United States, is itself void for…
2Cited by23 opinions
- United States v. CarllSupreme Court of the United States · 1882
- United States v. RaynorSupreme Court of the United States · 1938
- United States v. BakerDistrict Court, District of Columbia · 1966
- Crabb v. ZerbstCourt of Appeals for the Fifth Circuit · 1938
- State v. MaxwellSupreme Court of Kansas · 1940
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