Respublica v. Powell
Supreme Court of the United States
THIS was an indictment against the Defendant, a baker employed by the army of the United States, for a cheat, in baking 219 barrells of bread, and marking them as weighing 88 lb. each, whereas they only severally weighed 68 lb.
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THIS was an indictment against the Defendant, a baker employed by the army of the United States, for a cheat, in baking 219 barrells of bread, and marking them as weighing 88 lb. each, whereas they only severally weighed 68 lb. The indictment being originally found at the City Court, in October Sessions 1779, was removed by Certiorari into this Court. contended, that false tokens are only indictable by the St. of 33. Hen. 8. c. 1. which has no operation in Pennsylvania; and he cited 3 Burr. 1697. 1 Burn. 291. 2 Sess. Ca. 2. that the Defendant’s office was a public trust; and cited 2 Burr.…
1Opinion of the Court
The Court
said, that this was clearly an injury to the public; and the fraud the more easily to be perpetrated, since it was the custom to take the barrels of bread at the marked weight, without weighing them again. The public indeed, could not by common prudence prevent the fraud, as the Defendant was himself the officer of the public pro hac vice. They were therefore of opinion, that the offence was indictable.
2Cases cited1 opinion
- James's ClaimSupreme Court of the United States · 1780
3Cited by3 opinions
- Weierbach v. TroneSupreme Court of Pennsylvania · 1841
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916